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10.52.10.00.htm 10.52.10.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 52 PREVENTIVE MEDICINE Chapter 10 HIV and Hepatitis C Testing of Persons Accused or Convicted, or Both, of Certain Crimes Authority: Criminal Procedure Article, §11-107―11-117, Annotated Code of Maryland
10.52.10.01.htm 10.52.10.01. 01 Scope.. This chapter establishes procedures for HIV and hepatitis C testing ordered under the provisions of Criminal Procedure Article, §11-107―11-117, 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 Maryland Department of Health.. 3) Exposure.. a) “Exposure” means one of the following:. i) Percutaneous contact of a victim with blood or body fluids of an offender;. ii) Mucocutaneous contact of a victim with blood or body fluids of an offender;. iii) Open wound, including dermatitis, exudative l
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 or hepatitis C 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. HIV and Hepatitis C Testing.. 1) Specimen Collection.. a) A specimen shall be collected from an offender following the methods described in the specifications for the blood or oral fluid test used.b) The local health department shall provide guidance on how specimens shall be collected.. 2) If the offender is incarcerated in a facility under the jurisdiction of the Department of Public Safety and Correctional Services, HIV and hepatiti
10.52.10.06.htm 10.52.10.06. 06 Information for the Victim.. A. The health officer or designee shall provide the victim with information addressing all of the following:1) An explanation of HIV, AIDS, and hepatitis C;. 2) An explanation of the risks of HIV and hepatitis C transmission in the course of a sexual or other offense;3) The advisability of HIV and hepatitis C testing of the victim;. 4) The advisability of the victim taking precautions to prevent the spread of HIV and hepatitis C un
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 of information and test results given to an offender required under the provisions of Criminal Procedure Article, §11-107―11-117, Annotated Code of Maryland.B. Disclosure by Health Officer or Designee.. 1) Except as provided in Regulations .05E and .06A(6) of this chapter and as otherwise provided by law, the health officer or designee may not disclos
10.52.10.9999.htm 10.52.10.9999. Administrative History Effective date: December 20, 1993 (20:25 Md. R. 1948). Regulation .01 amended effective May 7, 2018 (45:9 Md. R. 462). Regulation .02B amended effective May 7, 2018 (45:9 Md. R. 462). Regulation .03A, E amended effective May 7, 2018 (45:9 Md. R. 462). Regulation .05 amended effective May 7, 2018 (45:9 Md. R. 462). Regulation .06 amended effective May 7, 2018 (45:9 Md. R. 462). Regulation .07 amended effective May 7, 2018 (45:9 Md. R. 462).
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