1. 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.

2. B. The State's Attorney shall include all of the following in the written notice:

   1. (1) The name of the offender to be tested;
   2. (2) The address of the offender's residence;
   3. (3) The name of the victim who has requested information; and
   4. (4) The address of the victim's residence.

3. C. If the current residence of the offender is outside of the county or counties served by the health officer who receives the notification described in §A of this regulation, the health officer shall:

   1. (1) Send a copy of the written notice and a copy of the court order for testing to the health officer of the county in which the offender resides; and
   2. (2) Request the assistance of the health officer of the county in which the offender resides in carrying out the requirements of this chapter.

4. D. If the current residence of the victim is in Maryland but outside of the county or counties served by the health officer who receives the notification described in §A of this regulation, the health officer shall:

   1. (1) Send a copy of the written notice and a copy of the court order for testing to the health officer of the county where the victim resides; and
   2. (2) Request assistance with carrying out the requirements of this chapter.

5. E. If the current residence of the victim is outside of Maryland, the health officer who receives the notification described in §A of this regulation shall send a letter to:

   1. (1) The state health department of the state in which the victim resides, requesting assistance with providing appropriate services to the victim; and

   2. (2) The victim, explaining that the victim may do one of the following to obtain information about the offender’s HIV or hepatitis C test result:

      1. (a) Contact the state health department in the state where the victim resides; or
      2. (b) Contact the local health department notified under §A of this regulation.

Authority: Criminal Procedure Article §§11-107—11-117, Annotated Code of Maryland

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)