(a) In Part II of this subtitle the following words have the meanings indicated. (b) “Charged” means to be the subject of an indictment, an information, or a petition alleging a delinquent act. (c) “Health officer” has the meaning stated in § 1–101 of the Health – General Article. (d) “HIV” means any human immunodeficiency virus that causes Acquired […]
For the purposes of Part II of this subtitle, a person is convicted when in a criminal proceeding the person: (1) is found guilty; or (2) enters a plea of guilty or nolo contendere and the plea is accepted by the court.
(a) In this section, “body fluids” has the meaning stated in § 18–338.1 of the Health – General Article. (b) Exposure to HIV or hepatitis C between a victim and a person charged with a prohibited exposure occurs: (1) by percutaneous or mucocutaneous contact with blood or body fluids; (2) by contact for a prolonged period with blood or […]
In addition to testing allowed under § 11–112 of this subtitle, the court may order a person charged with a prohibited exposure to give a blood sample to be tested for the presence of HIV or hepatitis C if: (1) the person is charged with a prohibited exposure within 1 year after the prohibited exposure occurred; […]
(a) In this section, “health care provider” has the meaning stated in § 18–336 of the Health – General Article. (b) (1) A circuit court judge or a District Court judge may issue an emergency order to obtain an oral swab from a person to be tested for the presence of HIV whenever it is made to appear […]
(a) (1) Before ordering a test under § 11-110 of this subtitle and subject to the provisions of subsection (d) of this section, the court shall hold a hearing at which both the victim or victim’s representative and the person charged with a prohibited exposure have the right to be present. (2) The victim or victim’s representative and […]
(a) Within 10 days of a written request of a victim or victim’s representative to the State’s Attorney in the county where a prohibited exposure occurred, the court shall order a test of a blood sample for HIV and any other identified causative agent of AIDS or hepatitis C. (b) The blood sample shall be given by: […]
(a) (1) After conviction or a finding of a prohibited exposure, a finding of probable cause under § 11–110(3) of this subtitle, or a granting of probation before judgment under § 11–112 of this subtitle, the State’s Attorney shall within 3 days notify the local health officer of the written request by the victim or victim’s representative […]
(a) A victim or victim’s representative who receives notification under § 11-113(b) of this subtitle may disclose the results of the test to another person to protect the health and safety of, or to seek compensation for, the victim, the victim’s sexual partner, or the victim’s family. (b) (1) Except as otherwise provided in Part II of this […]
The results of a test held under Part II of this subtitle are not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.
An agent or employee of the Maryland Department of Health or any other State employee who complies with Part II of this subtitle has the immunity from liability described under § 5–522 of the Courts Article for actions taken in accordance with Part II of this subtitle.
The Maryland Department of Health shall adopt regulations to carry out Part II of this subtitle, including regulations on: (1) the confidentiality of HIV or hepatitis C test results; and (2) giving the victim or victim’s representative counseling regarding HIV or hepatitis C, HIV or hepatitis C testing, and referral for appropriate health care and support services.
