1. (a) In addition to any other penalty provided by law, a physician who fails to submit the report required under § 18-204 of this subtitle, on conviction, is subject to a fine not exceeding $10.
2. (b) A person who violates any provision of § 18-202 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
3. (c) In addition to any other penalty provided by law, a physician who fails to submit the report required under § 18-201 of this subtitle, on conviction, is subject to a fine not exceeding $100.
4. (d) A person who violates any provision of § 18-205 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
5. (e) A health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully discloses personal identifying health information acquired for the purposes of HIV and AIDS reporting under § 18-201.1, § 18-202.1, § 18-205, or § 18-207 of this subtitle to any person who is not authorized to receive personal identifying health information under this subtitle or otherwise in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,000 for the first offense and not exceeding $10,000 for each subsequent conviction for a violation of any provision of this subtitle.

6. (f)

   1. (1) A health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully requests or obtains information on HIV and AIDS developed under § 18-201.1, § 18-202.1, § 18-205, or § 18-207 of this subtitle under false pretenses or through deception, on conviction is subject to:

      1. (i) A fine not exceeding $100,000, imprisonment for not more than 5 years, or both; and
      2. (ii) If the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine not exceeding $250,000, imprisonment for not more than 10 years, or both.
   2. (2) This subsection does not apply to an officer or employee of a governmental unit that is conducting a criminal investigation.
7. (g) A health care provider or any other person who knowingly violates subsection (e) or (f) of this section is liable for actual damages.
8. (h) A physician, laboratory, or institution as defined in § 18-202.1 of this subtitle that in good faith submits a report or otherwise discloses information in accordance with this subtitle is not liable in any action arising from the disclosure of the information.

Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 2007, c. 212, § 1, eff. April 24, 2007; Acts 2007, c. 213, § 1, eff. April 24, 2007; Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2024, c. 752, § 1, eff. Oct. 1, 2024.

Formerly Art. 43, §§ 11, 31A, 78, 101.