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§ 18-213. Notification to certain public servants of contagious disease or virus

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2023

West's Annotated Code of Maryland
Health--General
Title 18. Disease Prevention (Refs & Annos)
Subtitle 2. Reports; Preventive Actions (Refs & Annos)
Part II. Control of Infectious and Contagious Diseases
Effective: October 1, 2023
MD Code, Health - General, § 18-213
§ 18-213. Notification to certain public servants of contagious disease or virus
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Contagious disease or virus” means:
(i) Human immunodeficiency virus (HIV);
(ii) Meningococcal meningitis;
(iii) Tuberculosis;
(iv) Mononucleosis;
(v) Any form of viral hepatitis, including but not limited to hepatitis A, B, C, D, E, F, and G;
(vi) Diphtheria;
(vii) Plague;
(viii) Hemorrhagic fevers; or
(ix) Rabies.
(3) “Correctional institution” means a place of detention or correctional confinement operated by or for the State or a local government.
(4)(i) “Correctional officer” means a member of a correctional unit who is charged with and actually performs those duties that relate to the investigation, care, custody, control, or supervision of persons confined to places of incarceration.
(ii) “Correctional officer” includes any sheriff, warden, superintendent, or any other person having an equivalent title.
(5) “Law enforcement officer” means any person who, in an official capacity, is authorized by law to make arrests and who is a member of one of the following law enforcement agencies:
(i) The Department of State Police;
(ii) The Baltimore City Police Department;
(iii) The police department, bureau, or force of any county;
(iv) The police department, bureau, or force of any incorporated city or town;
(v) The office of the sheriff of any county;
(vi) The police department, bureau, or force of any bicounty agency or constituent institution of the University System of Maryland, Morgan State University, St. Mary's College, or of any institution under the jurisdiction of the Maryland Higher Education Commission;
(vii) The Maryland Transit Administration police force of the Department of Transportation, the Maryland Transportation Authority Police Force, and the Maryland Port Administration police force of the Department of Transportation;
(viii) The law enforcement officers of the Department of Natural Resources;
(ix) The Field Enforcement Bureau of the Comptroller's Office;
(x) The Field Enforcement Division of the Alcohol and Tobacco Commission;
(xi) The Crofton Police Department;
(xii) The Intelligence and Investigative Division of the Department of Public Safety and Correctional Services; or
(xiii) The Ocean Pines Police Department.
(6) “Medical care facility” means a hospital as defined in § 19-301 of this article or a health care facility of a correctional institution.
Fire fighters, emergency medical technicians
(b) While treating or transporting an ill or injured patient to a medical care facility or while acting in the performance of duty, if a paid or volunteer fire fighter, emergency medical technician, or rescue squadman comes into contact with a patient who is subsequently diagnosed as having a contagious disease or virus, as a result of information obtained in conjunction with the services provided during the visit to the facility, the attending physician, medical examiner, a designee of the medical care facility who receives the patient, the Chief Medical Examiner, or the Chief Medical Examiner's designee shall notify the fire fighter, emergency medical technician, or rescue squadman, and the employer or employer's designee of the individual's possible exposure to the contagious disease or virus.
Law enforcement officers
(c) If, while treating or transporting an ill or injured patient to a medical care facility or while acting in the performance of duty, a law enforcement officer comes into contact with a patient who is subsequently diagnosed, as a result of information obtained in conjunction with the services provided during the visit to the facility, as having a contagious disease or virus, the attending physician, medical examiner, a designee of the medical care facility who receives the patient, the Chief Medical Examiner or the Chief Medical Examiner's designee shall notify the law enforcement officer and the officer's employer or employer's designee of the officer's possible exposure to the contagious disease or virus.
Correctional officers
(d) If, while treating or transporting an ill or injured incarcerated individual to a medical care facility or while acting in the performance of duty, a correctional officer comes into contact with an incarcerated individual who is subsequently diagnosed, as a result of information obtained in conjunction with the services provided during the visit to the facility, as having a contagious disease or virus, the attending physician, medical examiner, a designee of the medical care facility that receives the incarcerated individual, the Chief Medical Examiner, or the Chief Medical Examiner's designee shall notify the correctional officer and the correctional officer's correctional institution or the correctional institution's designee of the officer's possible exposure to the contagious disease or virus.
Time of notification
(e) The notification required under subsection (b), (c), or (d) of this section shall:
(1) Be made within 48 hours, or sooner, of confirmation of the patient's diagnosis;
(2) Include subsequent written confirmation of possible exposure to the contagious disease or virus;
(3) Be conducted in a manner that will protect the confidentiality of the patient; and
(4) To the extent possible, be conducted in a manner that will protect the confidentiality of the fire fighter, emergency medical technician, rescue squadman, law enforcement officer, or correctional officer.
Written confirmation
(f) The written confirmation required under subsection (e)(2) of this section shall constitute compliance with this section.
Medical care facility procedure
(g) Each medical care facility shall develop written procedures for the implementation of this section, and, upon request, make copies available to the local fire authority, the local fire authority's designee, the local law enforcement authority, the local law enforcement authority's designee, the correctional officer, or the correctional institution's designee having jurisdiction.
Actions in good faith
(h) A medical care facility, physician, Chief Medical Examiner, or the Chief Medical Examiner's designee acting in good faith to provide notification in accordance with this section may not be liable in any cause of action related to the breach of patient confidentiality.
Failure to give notice
(i) A medical care facility, physician, Chief Medical Examiner, or the Chief Medical Examiner's designee acting in good faith to provide notification in accordance with this section may not be liable in any cause of action for:
(1) The failure to give the required notice, if the fire fighter, emergency medical technician, rescue squadman, law enforcement officer, or correctional officer fails to properly initiate the notification procedures developed by the health care facility under subsection (g) of this section; or
(2) The failure of the employer or employer's designee to subsequently notify the fire fighter, emergency medical technician, rescue squadman, law enforcement officer, or correctional officer of the possible exposure to a contagious disease or virus.
Training education
(j) A fire fighter, emergency medical technician, rescue squadman, law enforcement officer, or correctional officer shall receive from their employers or local governmental bodies, at the expense of the employer or local governmental body, as part of their training, education on:
(1)(i) The routes of transmission of HIV and hepatitis B virus; and
(ii) The routes by which a fire fighter, emergency medical technician, rescue squadman, law enforcement officer, or correctional officer may be exposed to HIV and hepatitis B virus; and
(2) The current Centers for Disease Control and Prevention guidelines for preventing prehospital exposure to HIV and hepatitis B while rendering emergency medical care.
Protective equipment
(k) A fire fighter, emergency medical technician, rescue squadman, law enforcement officer, or correctional officer shall receive from their employers, associations, or local governmental bodies, at the employers', associations', or local governmental bodies' expense, equipment recommended by the Centers for Disease Control and Prevention to protect a fire fighter, emergency medical technician, rescue squadman, law enforcement officer, or correctional officer from exposure to HIV and hepatitis B while rendering emergency medical care.
Fire department, law enforcement procedures
(l)(1) The fire department, law enforcement agency, and all other agencies or organizations employing a fire fighter, emergency medical technician, rescue squadman, law enforcement officer, or correctional officer shall develop written procedures for the implementation of this section.
(2) On request, copies of the procedures developed in this subsection shall be made available to employees, employee unions, volunteer associations, and the Secretary.
Refusal to treat or transport
(m) A person under this section may not refuse to treat or transport an individual because the individual is HIV positive.

Credits

Added by Acts 1986, c. 763, § 1, eff. July 1, 1986. Amended by Acts 1987, c. 11, § 1, eff. April 2, 1987; Acts 1987, c. 697, § 1, eff. July 1, 1987; Acts 1988, c. 6, § 1, eff. July 1, 1988; Acts 1988, c. 275, § 1, eff. May 17, 1988; Acts 1988, c. 276, § 1, eff. May 17, 1988; Acts 1989, c. 5, § 1, eff. March 9, 1989; Acts 1989, c. 789, § 2, eff. July 1, 1989; Acts 1990, c. 5, § 1, eff. Feb. 16, 1990; Acts 1990, c. 6, § 2, eff. Feb. 16, 1990; Acts 1991, c. 55, § 1, eff. April 9, 1991; Acts 1993, c. 626, § 1, eff. Jan. 1, 1994; Acts 1994, c. 165, § 3, eff. July 1, 1994; Acts 1994, c. 166, § 3, eff. July 1, 1994; Acts 1994, c. 366, § 1, eff. Oct. 1, 1994; Acts 1994, c. 577, § 1, eff. July 1, 1994; Acts 1995, c. 3, § 2, eff. March 7, 1995; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 1997, c. 114, § 1, eff. July 1, 1997; Acts 1998, c. 74, § 1, eff. Oct. 1, 1998; Acts 1999, c. 393, § 1, eff. Oct. 1, 1999; Acts 2001, c. 29, § 1, eff. April 10, 2001; Acts 2001, c. 730, § 1, eff. Oct. 1, 2001; Acts 2005, c. 25, § 6, eff. April 12, 2005; Acts 2005, c. 532, § 1, eff. Oct. 1, 2005; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2014, c. 217, § 1, eff. Oct. 1, 2014; Acts 2015, c. 22, § 5; Acts 2023, c. 450, § 1, eff. July 1, 2023; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
MD Code, Health - General, § 18-213, MD HEALTH GEN § 18-213
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document