Maryland Health - General Section 18-337

Article - Health - General

§ 18-337.

      (a)      In this section, "health care provider" means a physician, a physician's designee, or a designee of a health care facility licensed or otherwise authorized to provide health care services.

      (b)      If an individual informed of the individual's HIV positive status under § 18-336 of this subtitle refuses to notify the individual's sexual and needle-sharing partners, the individual's physician may inform the local health officer and/or the individual's sexual and needle-sharing partners of:

            (1)      The individual's identity; and

            (2)      The circumstances giving rise to the notification.

      (c)      When the local health officer is notified, the health officer shall enforce the provisions of §§ 18-208 through 18-213.1 of this title:

            (1)      Within a reasonable time; and

            (2)      To the extent feasible.

      (d)      Each local health officer shall refer the infected individual and any known sexual or needle-sharing partners of the individual to appropriate services for the care, support, and treatment for HIV infected individuals.

      (e)      A physician acting in good faith to provide notification in accordance with this section may not be held liable in any cause of action related to a breach of patient confidentiality.

      (f)      A physician acting in good faith may not be held liable in any cause of action for choosing not to disclose information related to a positive test result for the presence of human immunodeficiency virus to an individual's sexual and needle-sharing partners.

      (g)      A hospital or any other health care provider acting in good faith pursuant to a physician's order to perform or interpret a test for the presence of HIV may not be held liable in any cause of action related to:

            (1)      A breach of patient confidentiality; or

            (2)      A physician's decision to disclose or not to disclose information related to a positive test result to a local health officer and/or an individual's sexual and needle-sharing partners.



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