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 hepatitis C testing 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.

(3) If the offender is incarcerated in a facility under the jurisdiction of the county, HIV and hepatitis C testing may be performed by an employee or contractor of either the:

(a) Local health department; or

(b) County.

(4) If the offender is not incarcerated, an employee or contractor of the local health department shall perform HIV and hepatitis C testing of the offender.

B. The health officer shall send a certified letter, accompanied by a copy of the court order for testing, to each offender who is not incarcerated, to notify the offender of all of the following:

(1) That the health officer has been instructed by the court to perform an HIV or hepatitis C test on the offender; and

(2) That the offender has been scheduled for a test at a specified date, time, and place.

C. The health officer or designee shall do all of the following:

(1) Conduct a face-to-face discussion with the offender before a sample is collected for an HIV or hepatitis C test;

(2) Include all of the topics described in COMAR 10.18.08.06 regarding the offender’s HIV test in the discussion; and

(3) Sign a form indicating that the health officer or designee offered information to the offender on the HIV or hepatitis C test.

D. Blood Drawing and Testing.

(1) The health officer may not use the result of a previous HIV or hepatitis C test instead of conducting an HIV or hepatitis C test required under the provisions of Criminal Procedure Article, §§11-107—11-117, Annotated Code of Maryland.

(2) The health officer may not use a sample taken for another purpose instead of obtaining a sample in order to conduct an HIV or hepatitis C test required under Criminal Procedure Article, §§11-107—11-117, Annotated Code of Maryland.

(3) The health officer or designee shall:

(a) Obtain a sample from the offender;

(b) Put the code "RP" on the blood sample and the test order; and

(c) Send the sample to the Laboratories Administration within the Department for an HIV or hepatitis C test.

E. Upon receipt of the test result of the offender, the health officer or designee shall:

(1) Discuss the result with the offender; or

(2) Transmit the test result to the individual designated by the health officer to provide post-test information, including the topics listed in COMAR 10.18.08 that are applicable to the HIV test result.

F. Charges. The local health department shall charge the offender for the expenses incurred in carrying out the responsibilities outlined in this regulation if the court has ordered the defendant to make restitution for expenses incurred by the Department under Criminal Procedure Article, §§11-107—11-117, Annotated Code of Maryland.

G. State’s Attorney Notification. The health officer shall notify the State’s Attorney who transmitted the victim’s request for an HIV or hepatitis C test when one or more of the following actions occurs:

(1) HIV or hepatitis C testing of an offender, including pretest and post-test information, is completed;

(2) An offender refuses to allow a sample to be taken for testing;

(3) An offender ordered by the court to make restitution for expenses incurred by the Department refuses to pay the required amount; or

(4) An offender who is not incarcerated fails to appear for HIV or hepatitis C testing.