Section 18-337 - Positive test results. - Maryland Statutes

§ 18-337. Positive test results.
 

(a)  "Health care provider" defined.- 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)  Notice to others by health care providers.- 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)  Enforcement of §§ 18-208 through 18-213.1 of this title.- 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)  Referrals to appropriate services.- 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)  Liability of physician - Disclosure.- 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)  Liability of physician - Nondisclosure.- 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)  Liability of hospitals or other health care providers.- 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. 
 

[1989, ch. 789, § 2; 1994, ch. 3, § 1; 2004, ch. 25, § 6.]