1. 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.

2. B. Disclosure by Health Officer or Designee.

   1. (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 disclose the HIV or hepatitis C result of the offender.
   2. (2) The health officer or designee may not place the HIV or hepatitis C test result of the offender in any record relating to the offender maintained within a facility in which the offender is incarcerated.

3. C. Disclosure by Victim. The victim may not disclose the offender's test result to any individual unless the disclosure is necessary to protect the health and safety of:

   1. (1) The victim;
   2. (2) The victim's sexual partner; or
   3. (3) The victim's family.

4. D. Redisclosure. An individual notified of the result of an HIV or hepatitis C test performed under provisions of this chapter may not disclose the information except to protect the health and safety of:

   1. (1) The victim;
   2. (2) The victim's sexual partner; or
   3. (3) The victim's family.

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)