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§ 11-1008. Program for Preventing HIV Infection for Rape Victims

West's Annotated Code of MarylandCriminal ProcedureEffective: July 1, 2022

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 10. Treatment and Help (Refs & Annos)
Effective: July 1, 2022
MD Code, Criminal Procedure, § 11-1008
§ 11-1008. Program for Preventing HIV Infection for Rape Victims
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Child” means any individual under the age of 18 years.
(3) “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome.
(4) “Physician” has the meaning stated in § 11-1007 of this subtitle.
(5) “Qualified health care provider” has the meaning stated in § 11-1007 of this subtitle.
(6) “Sexual abuse” has the meaning stated in § 11-1007 of this subtitle.
Establishment; purpose; administration
(b)(1) There is a Program for Preventing HIV Infection for Rape Victims.
(2) The purpose of the program is to prevent HIV infection for victims of an alleged rape or sexual offense or victims of alleged child sexual abuse.
(3) The Governor's Office of Crime Prevention, Youth, and Victim Services shall administer the program.
In general
(c)(1) To accomplish the purpose of the program, a victim of an alleged rape or sexual offense or a victim of alleged child sexual abuse shall be provided with a full course of treatment and follow-up care for postexposure prophylaxis for the prevention of HIV infection at the request of the victim and as prescribed by a health care provider.
(2)(i) A victim who receives treatment under this subsection may decline to provide health insurance information or submit personal information to a payment assistance program if the victim believes that providing the information would interfere with personal privacy or safety.
(ii) The physician, qualified health care provider, or hospital providing a victim with treatment and follow-up care under paragraph (1) of this subsection shall inform the victim of the victim's right to decline to provide health insurance information or submit personal information to a payment assistance program.
(iii) If a victim declines to provide health insurance information or to submit personal information to a payment assistance program:
1. the treatment and follow-up care shall be provided without charge to the victim; and
2. the physician, qualified health care provider, or hospital providing the treatment or follow-up care is entitled to be paid by the Criminal Injuries Compensation Board as provided under Subtitle 8 of this title for the costs of providing the services.
Immunity
(d)(1) A physician or a qualified health care provider who examines a victim of alleged child sexual abuse under the provisions of this section is immune from civil liability that may result from the failure of the physician or qualified health care provider to obtain consent from the child's parent, guardian, or custodian for the examination or treatment of the child.
(2) The immunity provided under paragraph (1) of this subsection extends to:
(i) any hospital with which the physician or qualified health care provider is affiliated or to which the child is brought; and
(ii) any individual working under the control or supervision of the hospital.
Reporting requirements
(e) On or before December 1, 2022, and every 2 years thereafter, the Governor's Office of Crime Prevention, Youth, and Victim Services shall report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly on the operation and results of the program during the immediately preceding 2-year period, including:
(1) the number of patients that qualified to receive postexposure prophylaxis under the program;
(2) the number of patients that chose to receive postexposure prophylaxis;
(3) the total amount reimbursed to providers for the postexposure prophylaxis; and
(4) the cost of the postexposure prophylaxis treatment and follow-up care provided under the program.

Credits

Added by Acts 2019, c. 431, § 1, eff. Oct. 1, 2019. Amended by Acts 2019, c. 8, § 5; Acts 2020, c. 11, § 1, eff. March 7, 2020; Acts 2020, c. 11, § 8; Acts 2022, c. 144, § 1, eff. July 1, 2022.
MD Code, Criminal Procedure, § 11-1008, MD CRIM PROC § 11-1008
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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