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10.52.10.00.htm 10.52.10.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 52 PREVENTIVE MEDICINE Chapter 10 HIV Testing of Persons Accused or Convicted, or Both, of Certain Crimes Authority: Article 27, §765, Annotated Code of Maryland
10.52.10.01.htm 10.52.10.01. 01 Scope.. This chapter establishes procedures for HIV testing and counseling ordered under the provisions of Article 27, §765, Annotated Code of Maryland.
10.52.10.02.htm 10.52.10.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "County" means Baltimore City or a Maryland county.. 2) "Department" means the Department of Health and Mental Hygiene.. 3) "Exposure" means one of the following:. a) Percutaneous contact of a victim with blood or body fluids of an offender;. b) Mucocutaneous contact of a victim with blood or body fluids of an offender;. c) Open wound, including dermatitis, exudative les
10.52.10.03.htm 10.52.10.03. 03 Notice.. A. The Health Officer shall require receipt of a written notice and a copy of a court order for testing from a State's Attorney before initiating the process of HIV testing and notification described in this chapter.B. The State's Attorney shall include all of the following in the written notice:. 1) The name of the offender to be tested;. 2) The address of the offender's residence;. 3) The name of the victim who has requested information; and.
10.52.10.04.htm 10.52.10.04. 04 Responsibility.. A. The health officer of the county in which the offender currently resides shall assume responsibility for carrying out the activities described in Regulation .05 of this chapter.B. The health officer of the county in which the victim currently resides shall assume responsibility for carrying out the activities described in Regulation .06 of this chapter.C. If the current residence of the victim is outside of Maryland, the health officer notified under
10.52.10.05.htm 10.52.10.05. 05 Testing of Offender.. A. Pretest Counseling, Blood Drawing, and Post-Test Counseling.. 1) If the offender is incarcerated in a facility under the jurisdiction of the Department of Public Safety and Correctional Services, pretest counseling, blood drawing, and post-test counseling of the offender may be performed by an employee or contractor of either the:a) Local health department; or. b) Department of Public Safety and Correctional Services.. 2) If the offender is inc
10.52.10.06.htm 10.52.10.06. 06 Counseling of the Victim.. A. The health officer or the designee of the health officer shall provide the victim with counseling addressing all of the following:1) An explanation of HIV and AIDS;. 2) An explanation of the risks of HIV transmission in the course of a sexual or other offense;. 3) The advisability of HIV testing of the victim;. 4) The advisability of the victim taking precautions to prevent the spread of HIV until it is certain that the victim is not infected; and
10.52.10.07.htm 10.52.10.07. 07 Confidentiality.. A. Local Health Department Records. The local health department shall maintain separate confidential records relating to the counseling of a victim and the counseling and HIV testing of an offender required under the provisions of Article 27, §765, Annotated Code of Maryland.B. Disclosure by Health Officer or Designee.. 1) Except as provided in Regulations .05E and .06A(5) of this chapter and as otherwise provided by law, the health officer or
10.52.10.9999.htm 10.52.10.9999. Administrative History Effective date: December 20, 1993 (20:25 Md. R. 1948).
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