§ 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.

HISTORY: 1989, ch. 789, § 2; 1994, ch. 3, § 1; 2004, ch. 25, § 6.