§ 18-338.1. Health care providers
West's Annotated Code of MarylandHealth--GeneralEffective: April 12, 2011
Effective: April 12, 2011
MD Code, Health - General, § 18-338.1
§ 18-338.1. Health care providers
1. Any fluid containing visible blood, semen, or vaginal secretions; or
2. Cerebrospinal fluid, synovial, or amniotic fluid.
1. The ordinary course of business or practice of a profession; or
2. In an approved education or training program.
(b) Except as provided in § 18-338.3 of this subtitle, a physician, nurse, or designee of a health care facility shall, at the request of an exposed health care provider, seek the informed consent of a patient to test a blood sample of the patient for the presence of HIV when:
(c) If, by virtue of the physical or mental condition of a patient, a physician, nurse, or designee of a health care facility is unable to obtain the informed consent of the patient to test a blood sample of the patient for the presence of HIV in accordance with subsection (b) of this section, the physician, nurse, or designee of the health care facility shall seek the consent of any person who has authority to consent to medical care for the patient as provided under § 5-605 of this article or as otherwise authorized by law.
(d) If the patient's informed consent has been obtained in accordance with subsection (b) of this section or substitute consent has been obtained in accordance with subsection (c) of this section and the other requirements of subsection (b) of this section have been satisfied, a physician or the physician's designee shall:
(e) When a physician obtains the results of a test for the presence of HIV that was conducted in accordance with the provisions of subsection (d) of this section, the physician or a designee of the health care facility shall directly notify the health care provider and the patient of the results of the patient's HIV test.
(f) The notification required under subsection (e) of this section shall:
(g) If the results of a test for the presence of HIV that was conducted in accordance with the provisions of subsection (d) of this section are positive, a physician or the physician's designee shall provide or arrange for the provision of appropriate counseling to the health care provider and the patient.
(h)(1) Notwithstanding the provisions of Title 4, Subtitle 3 of this article, the records, including any physician order for an HIV test or the results of an HIV test performed on a blood sample of a patient or a health care provider in accordance with the provisions of this section, may not be documented in the medical record of the patient or health care provider.
(5) If the identity of the patient or any other information that could be readily associated with the identity of the patient is not disclosed, the results of an HIV test performed on a patient or health care provider in accordance with the provisions of this section may be introduced into evidence in any criminal, civil, or administrative action including the adjudication of a workers' compensation claim.
(i) The costs incurred in performing an HIV test on a patient or health care provider in accordance with the provisions of this section shall be paid by the health care facility.
(j) All health care facilities shall develop written procedures to implement the provisions of this section.
(k) A health care provider or health care facility acting in good faith to provide notification or maintain the confidentiality of the results of a test for the presence of HIV in accordance with the provisions of this section may not be held liable in any cause of action related to a breach of patient or health care provider confidentiality.
(l) The Medical and Chirurgical Faculty of the State of Maryland in consultation with the Centers for Disease Control and Prevention, the Maryland Hospital Association, and the Maryland Department of Health shall develop a practice protocol for physicians who are infected with HIV.
Credits
Added by Acts 1991, c. 535, § 1, eff. July 1, 1991. Amended by Acts 1992, c. 22, § 1, eff. April 7, 1992; Acts 1992, c. 432, § 1, eff. May 12, 1992; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1995, c. 3, § 22, eff. March 7, 1995; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 1999, c. 702, § 5, eff. Oct. 1, 1999; Acts 2001, c. 29, § 5, eff. April 10, 2001; Acts 2003, c. 143, § 1, eff. Oct. 1, 2003; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2011, c. 65, § 1, eff. April 12, 2011; Acts 2017, c. 62, § 6.
MD Code, Health - General, § 18-338.1, MD HEALTH GEN § 18-338.1
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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