Md. Code, Health - General § 18-4A-01
In this subtitle, “parent” means:
(1) A natural or adoptive parent of a minor;
(2) A guardian of a minor; or
(3) Any other person who, under court order, is authorized to give consent for a minor.
Md. Code, Health - General, Title 18
Md. Code, Health - General, Title 18
in effectMd. Code, Health - General § 18-4A-02
(a) Subject to the provisions of this section, a parent may delegate verbally or in writing the parent’s authority to consent to the immunization of a minor to any of the following individuals, not in order of priority:
(1) A grandparent;
(2) An adult brother or sister;
(3) An adult aunt or uncle;
(4) A stepparent; or
(5) Any other adult who has care and control of the minor.
(b) If a parent verbally delegates the parent’s authority to consent to the immunization of a minor under this subtitle, the person delegated the authority shall confirm the verbal delegation in writing and the written confirmation shall be included in the minor’s medical record.
(c) A grandparent, adult brother or sister, adult aunt or uncle, or stepparent of a minor who is the primary caregiver of the minor and who may consent to the immunization of the minor under subsection (a) of this section may delegate the authority to consent to immunization of the minor to another adult in the manner permitted under subsection (b) of this section.
(d) A health care provider may rely on a notarized document from another state or country that contains substantially the same information as is required in any immunization consent regulations of the Department if the document is presented for consent by a person listed in subsection (a) of this section.
(e) A person who consents to immunization of a minor under this subtitle shall provide the health care provider with sufficient and accurate health information about the minor for whom the consent is given and, if necessary, sufficient and accurate health information about the minor’s family to enable the person providing the consent and the health care provider to determine adequately the risks and benefits inherent in the proposed immunization and determine whether the immunization is advisable.
Md. Code, Health - General § 18-4A-03
(a) Subject to the provisions of this section, the following individuals, not in order of priority, may consent to the immunization of a minor if a parent is not reasonably available and the authority to consent is not denied under subsection (b) or (c) of this section:
(1) A grandparent;
(2) An adult brother or sister;
(3) An adult aunt or uncle;
(4) A stepparent;
(5) Any other adult who has care and control of the minor;
(6) A court that has jurisdiction of a suit affecting the parent-child relationship of which the minor is the subject;
(7) An adult who has care and control of the minor under an order of a court or by commitment by a court to the care of an agency of the State or county if the adult reasonably believes the minor needs immunization; or
(8) For minors in its care and custody, the Department of Juvenile Services.
(b) A person may not consent to the immunization of a minor under subsection (a) of this section if:
(1) The person has actual knowledge that the parent has expressly refused to give consent to the immunization; or
(2) The parent has told the person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.
(c) When a parent has been contacted and requested to consent to the immunization of a minor, the Department of Juvenile Services may consent to the immunization of a minor in its care and custody if the parent:
(1) Has not acted on the request; and
(2) Has not expressly denied to the Department of Juvenile Services the authority to consent to the immunization of the minor.
(d) For purposes of this section, a person is not reasonably available if:
(1) The location of the person is unknown;
(2) (i) A reasonable effort made by a person listed in subsection (a) of this section to locate and communicate with the parent for the purpose of obtaining consent has failed; and
(ii) Not more than 90 days have passed since the date that the effort was made; or
(3) The parent has been contacted by a person listed in subsection (a) of this section and requested to consent to the immunization of the minor, and the parent:
(i) Has not acted on the request; and
(ii) Has not expressly denied authority to the person listed in subsection (a) of this section to consent to immunization of the minor.
(e) A person authorized to consent to the immunization of a minor under this section shall confirm that the parent is not reasonably available in writing and the written confirmation shall be included in the minor’s medical record.
Md. Code, Health - General § 18-4A-04
The responsibility of a health care provider to provide information to a person consenting to the immunization of a minor under § 18-4A-02 or § 18-4A-03 of this subtitle is the same as the health care provider’s responsibility to a parent.
Md. Code, Health - General § 18-4A-05
(a) In the absence of willful misconduct or gross negligence, a health care provider who accepts the health history and other information given by a person who is delegated the authority to consent to the immunization of a minor under § 18-4A-02 or § 18-4A-03 of this subtitle is not liable for an adverse reaction related to an immunization of the minor resulting from factual errors in the health history or information given by the person to the health care provider.
(b) Except for acts of willful misconduct or gross negligence, a person who consents to the immunization of a minor under § 18-4A-02 or § 18-4A-03 of this subtitle, a health care provider licensed to practice in the State, or a medical facility is not liable for damages arising from an immunization administered to a minor as authorized under § 18-4A-02 or § 18-4A-03 of this subtitle.
Md. Code, Health - General § 18-9A-01
(a) In this section the following words have the meanings indicated.
(b) “COVID–19” means, interchangeably and collectively, the coronavirus known as COVID–19 or 2019–nCoV and the SARS–CoV–2 virus.
(c) “COVID–19 test” means an in vitro diagnostic test for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, as described in § 3201 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Md. Code, Health - General § 18-9A-02
(a) On or before June 1, 2021, the Department, in collaboration with local health departments in the State and the Maryland State Department of Education, shall adopt and implement a 2–year plan to respond to the outbreak of COVID–19.
(b) The plan required under this section shall:
(1) Include measures to enhance public health efforts at the State and local level to monitor, prevent, and mitigate the spread of COVID–19;
(2) (i) Assess the COVID–19 public and private testing infrastructure in place both statewide and in each local jurisdiction;
(ii) Identify and address the unmet needs for COVID–19 testing statewide and in each local jurisdiction, including the number and location of public and private testing providers required to ensure access to testing on demand for all residents of the State;
(iii) Establish specific monthly goals for COVID–19 testing statewide and in each local jurisdiction to ensure access to testing for all residents of the State, including:
1. A goal to achieve the capacity to perform the surveillance testing required to safely reopen and keep open schools, institutions of higher education, workplaces, and other community facilities in the State while minimizing the community spread of COVID–19 in calendar years 2021 and 2022 through a network of public and private testing providers; and
2. For each local jurisdiction, a goal to establish the required number of public or private COVID–19 testing locations to achieve the surveillance testing goal described in item 1 of this item; and
(iv) Estimate the funding required to implement the surveillance testing goal described in item (iii)1 of this item and the extent to which federal funding already received by the State in fiscal year 2021 and federal funding that is provided to the State and received after March 1, 2021, can be used to cover the cost required to achieve that goal;
(3) (i) Assess the contact tracing infrastructure in place for COVID–19 both statewide and in each local jurisdiction;
(ii) Determine the optimal number of contact tracing, case management, care resource coordination, and other personnel per 100,000 residents needed in each jurisdiction to effectively monitor, prevent, and mitigate the spread of COVID–19;
(iii) Identify and address the unmet needs for COVID–19 contact tracing and related outbreak prevention and mitigation efforts both statewide and in each local jurisdiction; and
(iv) 1. Establish goals for identifying, locating, and testing individuals who have been in close contact with individuals who test positive for COVID–19 that are in alignment with Centers for Disease Control and Prevention guidance for effective contact tracing programs; and
2. Include a mechanism for monitoring performance of contact tracing and testing of contacts both statewide and for each local jurisdiction;
(4) Require the Department to assist local jurisdictions that adopt strategies to:
(i) Accelerate access to and the use of at–home collection and point–of–care tests for COVID–19; and
(ii) Incentivize and encourage pharmacies and health care providers, including primary care providers, to provide COVID–19 testing; and
(5) Allow each local jurisdiction to establish and implement a program for COVID–19 contact tracing that is independent from the contact tracing program performed by the State or the entity with whom the State has contracted to perform contact tracing for the State.
(c) The plan required under this section shall have a design that addresses the disproportionate impact of the COVID–19 pandemic on underserved and minority communities in the State.
(d) On or before June 1, 2021, the Department shall submit the plan required under this section to the General Assembly, in accordance with § 2–1257 of the State Government Article.
(e) (1) (i) For fiscal years 2021 and 2022, the Department shall provide $25,000,000 each year in grants to local jurisdictions to expand capacity for COVID–19 testing and contact tracing, or for any other public health purpose related to COVID–19 response for which federal funding is authorized.
(ii) Grant funding provided for COVID–19 response under subparagraph (i) of this paragraph shall be divided between local jurisdictions in proportion to their respective populations.
(iii) The Department shall provide additional grant funding to a local jurisdiction to supplement the grant funding allocated to the local jurisdiction under subparagraphs (i) and (ii) of this paragraph if the Department determines that the initial allocation of grant funding is not sufficient to meet the COVID–19 testing and contact tracing needs of the local jurisdiction.
(iv) A local jurisdiction may use grant funding provided under this subsection to expand COVID–19 testing capacity through direct testing efforts by the health department of the local jurisdiction or by contracting with other entities to provide testing.
(2) (i) For fiscal years 2021 and 2022 and in addition to any funding provided under paragraph (1) of this subsection, the Department shall provide funding to local jurisdictions that elect to establish and implement a program for COVID–19 contact tracing that is independent from the contact tracing program performed by the State or the entity with whom the State has contracted to perform contact tracing for the State.
(ii) The amount of funding provided to a local jurisdiction for COVID–19 contact tracing under subparagraph (i) of this paragraph shall be equivalent to the cost per case amount provided to the entity with whom the State has contracted to perform contact tracing for the State.
(3) (i) For fiscal years 2021 and 2022, the Department shall provide $15,000,000 each year in grants to local jurisdictions to vaccinate residents of the local jurisdiction against COVID–19.
(ii) Grant funding provided for COVID–19 vaccination under this subsection shall be divided between local jurisdictions in proportion to their respective populations.
(iii) The Department shall provide additional grant funding to a local jurisdiction to supplement the grant funding allocated to the local jurisdiction under subparagraphs (i) and (ii) of this paragraph if the Department determines that the initial allocation of grant funding is not sufficient to meet the COVID–19 vaccination needs of the local jurisdiction.
(4) The Department may use only federal funding allocated to the State under the Coronavirus Response and Relief Supplemental Appropriations Act and any other federal legislation enacted in calendar years 2020 through 2022 to provide funding required under this section.
(f) (1) To the extent practicable, the Department shall provide up to $9,000,000 in fiscal year 2021 and $36,000,000 in fiscal year 2022 in grant funding to assisted living programs and home health agencies in calendar year 2021 to cover the cost of COVID–19 testing for residents, patients, and staff.
(2) The Department may use only federal funding allocated to the State under the Coronavirus Response and Relief Supplemental Appropriations Act and any other federal legislation enacted in calendar years 2020 through 2022 to provide funding required under this subsection.
Md. Code, Health - General § 18-9A-03
(a) (1) On or before June 1, 2021, the Department, with input from subject matter experts and other relevant stakeholders, shall develop and submit to the General Assembly a comprehensive plan for vaccinating residents of the State against COVID–19.
(2) The plan required under paragraph (1) of this subsection shall include:
(i) Detailed information on:
1. The categories of residents of the State who will receive priority access to vaccines for COVID–19;
2. The timeline for providing vaccines for COVID–19 to residents in each of the priority categories and to members of the general public who are not included in priority categories; and
3. Target metrics for vaccinating residents in each of the priority categories and for members of the general public who are not included in priority categories;
(ii) A dedication of time and resources to target vaccine distribution and vaccine safety outreach efforts to communities that have been disproportionately impacted by COVID–19 infection, morbidity, and mortality;
(iii) A vaccine distribution strategy that allocates resources and vaccines across all partners and vaccination sites in an equitable manner that ensures that the vaccine allocation by jurisdiction accounts for the disproportionate impact of the COVID–19 pandemic on underserved and minority communities; and
(iv) A strategy for outreach and distribution of vaccines to individuals who are not receiving the vaccine, due to either lack of access or vaccine hesitancy.
(b) After submitting the COVID–19 vaccine plan to the General Assembly as required under subsection (a) of this section, the Department shall provide weekly progress reports on implementation of the COVID–19 vaccine plan to the General Assembly for the duration of calendar year 2021.
(c) The COVID–19 vaccine plan and progress reports required under this section shall be submitted to the General Assembly in accordance with § 2–1257 of the State Government Article.
Md. Code, Health - General § 18-9A-04
(a) The Department shall convene a Maryland Public Health Modernization Workgroup.
(b) The Workgroup shall include representatives of the Department, local health departments, subject matter experts, and any other relevant stakeholders.
(c) The Workgroup shall:
(1) Assess the current public health infrastructure and resources in the State;
(2) Make recommendations for how to establish a modern and effective public health system with a capacity to:
(i) Monitor, prevent, control, and mitigate the spread of infectious disease; and
(ii) Achieve State Health Improvement Process goals;
(3) Make recommendations regarding the establishment of a Maryland Public Health Job Corps to respond to the outbreak of COVID–19 or similar outbreaks; and
(4) Consider, where appropriate, the use of federal funds to implement any recommendations made under this subsection.
(d) On or before December 1, 2021, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, that includes the findings and recommendations of the Workgroup established under this section.
Md. Code, Health - General § 18-101
The Secretary shall investigate:
(1) The causes of disease and, particularly, the causes of epidemics;
(2) The causes of mortality; and
(3) The influence of locality, employment, habit, and other conditions on health.
Md. Code, Health - General § 18-102
(a) The Secretary shall adopt rules and regulations necessary to prevent:
(1) The introduction of an infectious or contagious disease into this State or other disease that endangers public health in this State; or
(2) The spread of an infectious or contagious disease or other disease that endangers public health in this State.
(b) When the Secretary has reason to believe that an infectious or contagious disease or other disease that endangers public health exists within the State, the Secretary shall:
(1) Investigate the suspected disease; and
(2) Act properly to prevent the spread of the disease.
(c) (1) Except as provided in paragraph (2) of this subsection, an individual enrolled in an institution of higher education who resides in on-campus student housing shall be vaccinated against meningococcal disease.
(2) An individual is exempt from the vaccination requirement in paragraph (1) of this subsection if:
(i) The institution of higher education provides detailed information on the risks associated with meningococcal disease and the availability and effectiveness of any vaccine to:
1. The individual, if the individual is 18 years of age or older; or
2. The individual’s parent or guardian, if the individual is a minor; and
(ii) 1. The individual is 18 years of age or older and the individual signs a written waiver in a form approved by the Secretary stating that the individual has received and reviewed the information provided and has chosen not to be vaccinated against meningococcal disease; or
2. The individual is a minor and the individual’s parent or guardian signs a written waiver in a form approved by the Secretary stating that the parent or guardian has received and reviewed the information provided and has chosen to not have the individual vaccinated against meningococcal disease.
(3) Nothing in this subsection shall be construed to require any institution of higher education to provide or pay for vaccinations against meningococcal disease.
(4) The Secretary, in consultation with the Maryland Higher Education Commission, shall adopt regulations necessary to implement this subsection.
(d) The Secretary may enter on and inspect private property to determine the presence, cause, and source of an infectious or contagious disease or other disease that endangers public health in this State.
Md. Code, Health - General § 18-103
(a) The Secretary shall:
(1) Obtain accurate and complete reports on communicable diseases in this State;
(2) Determine the prevalence of each communicable disease; and
(3) Devise means to control communicable diseases.
(b) The Secretary shall publish monthly a communicable disease bulletin for health officers and other related health professionals.
Md. Code, Health - General § 18-104
(a) The Secretary shall investigate, if feasible, means to prevent, treat, and cure cancer.
(b) The Secretary may adopt procedures to obtain information about cancers that are caused by carcinogens and about the incidence of these cancers.
Md. Code, Health - General § 18-105
The Secretary may adopt procedures to obtain information about diseases that are caused by toxic substances and about the incidence of these diseases.
Md. Code, Health - General § 18-106
(a) The Secretary shall establish and administer a Lead Poisoning Screening Program that will assure the appropriate screening of children in Maryland for lead poisoning.
(b) The Lead Poisoning Screening Program shall:
(1) Encourage continuity of care with the child’s continuing care health care provider;
(2) Promote timely, appropriate screening of children at risk of being poisoned by lead;
(3) Utilize all of the payment mechanisms available to cover lead poisoning screening, including:
(i) Third party payments from insurers;
(ii) The Medical Assistance Program;
(iii) Primary care medical assistance programs established under waiver from the federal government;
(iv) Health maintenance organizations;
(v) Federally qualified and Maryland qualified community health centers; and
(vi) Any other Medicaid reimbursement or waiver to which the State may be entitled under this section;
(4) Target children under 6 years of age;
(5) Provide lead poisoning screening on a sliding fee scale at sites designated by local health departments for children unable to afford lead poisoning screening; and
(6) Employ an initial questionnaire to assess children’s exposure to potential lead hazards, except that children residing in at risk areas identified under subsection (c) of this section shall be screened by a blood test for lead poisoning.
(c) The Secretary shall target efforts to promote and to provide blood tests for lead poisoning in at risk areas, as identified by:
(1) Census tract and zip code information noting areas with large concentrations of pre-1978 housing; and
(2) Highest rates of lead poisoning as evidenced by information provided to and by the Childhood Lead Registry established and maintained by the Department of the Environment.
(d) The Secretary shall require providers caring for children in areas designated as at risk for lead poisoning, as determined under subsection (c) of this section, to administer a blood test for lead poisoning of children:
(1) Within the time frame specified in regulations adopted by the Department; or
(2) In accordance with the guidelines of the Centers for Disease Control and Prevention for children over age 24 months who have not received a blood test for lead poisoning.
(e) The Secretary may include information on blood testing for lead poisoning collected under this section, § 7-403 of the Education Article, and §§ 6-303 and 6-304 of the Environment Article on any immunization registry developed by the Department.
(f) (1) Subject to paragraph (2) of this subsection, this section does not require blood testing of a child whose parent or guardian, in accordance with regulations adopted by the Secretary, objects to the testing on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices.
(2) Paragraph (1) of this subsection does not apply if the responses of the child’s parent or guardian on a questionnaire furnished by the Secretary and administered by a pediatrician indicate that the child is at high risk for lead poisoning.
Md. Code, Health - General § 18-107
(a) The Secretary shall:
(1) Devise and institute means to prevent and control morbidity and mortality associated with:
(i) Pregnancy;
(ii) Childbirth;
(iii) Infancy; and
(iv) Early childhood; and
(2) Promote the welfare and hygiene of maternity and infancy.
(b) (1) The Secretary shall establish a Morbidity, Mortality, and Quality Review Committee in the Department.
(2) The Committee shall:
(i) Conduct confidential and anonymous case reviews of morbidity and mortality associated with pregnancy, childbirth, infancy, and early childhood; and
(ii) Develop and implement interventions to improve the system of care for pregnancy, childbirth, infancy, and early childhood based on the findings from case reviews conducted under item (i) of this paragraph.
(3) (i) The Secretary shall adopt regulations to implement the requirements of this section.
(ii) The regulations shall include:
1. The types of case reviews conducted by the Committee;
2. The confidentiality of case reviews;
3. A description of the types of records and information needed by the Committee to conduct the case reviews under this section; and
4. The process for obtaining records, including patient medical records, and any other necessary information in accordance with § 4–305(b) of this article.
(c) This section does not enable the Secretary:
(1) To take charge of a child if the parent, guardian, or other person who has custody of the child objects; or
(2) To treat the child for a disease without the consent of the parent, guardian, or other person who has custody of the child.
Md. Code, Health - General § 18-108
(a) (1) In this section the following words have the meanings indicated.
(2) “Food instrument” means a voucher, check, coupon, or other document that is used by a participant to obtain supplemental foods.
(3) “Local agency” means a public or private, nonprofit health or human service agency that:
(i) Provides health services either directly or through contract; and
(ii) By written agreement with the State agency, provides Program services in a designated area.
(4) “Participant” means an individual who is receiving supplemental foods or food instruments under the Program and includes:
(i) Pregnant women;
(ii) Breast–feeding women up to 1 year postpartum who are breast–feeding their infants;
(iii) Postpartum women up to 6 months after termination of pregnancy;
(iv) Infants under 1 year of age; and
(v) Children who are at least 1 year old but under the age of 5 years.
(5) “Program” means the Special Supplemental Food Program for Women, Infants, and Children authorized by § 17 of the Child Nutrition Act of 1966, as amended.
(6) “Supplemental foods” means those foods containing nutrients determined to be beneficial for pregnant, breast–feeding, and postpartum women, infants, and children, as prescribed by the Secretary of the U.S. Department of Agriculture.
(b) (1) Except as otherwise provided in this subsection, a local agency shall include in its proposed written agreement the option to require a participant in the Program to report monthly, bimonthly, or trimonthly to a designated site at designated times to receive food instruments prepared for that participant and to acknowledge receipt of the instruments.
(2) Food instruments may be mailed or otherwise delivered to participants by a local agency only if approved by the Department on the basis of hardships which may be encountered by the target population of the local agency, such as seasonally inclement weather.
(3) (i) On presentation by the participant of a written request, including justification, a local agency may mail or otherwise deliver food instruments to an individual on the basis of the difficulty of the participant and the participant’s proxies in obtaining the food instruments.
(ii) The justification may include:
1. Illness;
2. Imminent childbirth;
3. Difficulty of access to the local agency; or
4. Handicapping condition.
(4) (i) The Secretary shall institute at least one pilot program in a local subdivision or part of a subdivision utilizing a credit card system along with or in place of a food instrument system.
(ii) Implementation must take place within a reasonable period of time from the date of enactment of this section, unless such a pilot program is found to be inconsistent with subsection (d) of this section and a waiver is not granted.
(c) The Department shall maximize distribution of administrative funds to local agencies in a manner that assures equity among the local agencies.
(d) The provisions of this section are effective only to the extent that they are not inconsistent with applicable federal law or regulations.
Md. Code, Health - General § 18-109
(a) (1) In this section the following words have the meanings indicated.
(2) “Authorized user” means:
(i) A child care facility;
(ii) A health care provider;
(iii) A health insurer;
(iv) A health maintenance organization;
(v) An institution of higher learning;
(vi) A local health department;
(vii) A long–term care facility;
(viii) A managed care organization;
(ix) A nonprofit health service plan;
(x) A patient;
(xi) A school;
(xii) A school–based health center;
(xiii) In the case of a minor child, a parent or guardian; and
(xiv) Any other user designated by the Secretary.
(3) “Health care provider” means a licensed health care practitioner authorized under the Health Occupations Article to administer vaccines in the State.
(4) “ImmuNet” means a computerized information and reminder system to:
(i) Improve the timely and appropriate delivery of immunizations;
(ii) Provide a coordinated network for reminder notices when immunizations are due;
(iii) Provide and collect information to be shared by authorized users; and
(iv) Provide a quality indicator for the insurers’ health care provider practices and public health purposes.
(5) “Immunization” means the process by which an individual becomes protected against a disease including, as the result of having a disease, receiving a vaccination, or receiving preformed antibodies.
(6) “Refusal to permit” means the right of an individual or the parent or guardian of a minor to prevent disclosure to authorized users of individual identifiable information that was reported to ImmuNet.
(7) “Vaccination” means the administration of a killed or weakened infectious organism to prevent disease caused by that organism.
(8) “Vaccine” means a substance that:
(i) May be administered by injection, mouth, or aerosol; and
(ii) Produces immunity that protects the body from a disease.
(b) There is an ImmuNet program in the Department.
(c) Subject to subsection (d) of this section, an authorized user may use the information in ImmuNet for the following purposes:
(1) To provide coordinated immunization services, including sending reminder notices to individuals who need immunizations;
(2) To obtain an individual immunization history;
(3) To identify geographic areas or population groups that are underimmunized;
(4) To compile aggregate data and distribute statistical reports on the status of immunizations in geographic areas and population groups;
(5) To assist in the management of State and local immunization programs;
(6) To monitor the safety of vaccines;
(7) To assess compliance with immunization requirements by monitoring admissions to schools, institutions of higher learning, and child care facilities; and
(8) For any other purpose that the Secretary deems necessary to prevent the spread of communicable diseases.
(d) (1) An individual, or the parent or guardian of a minor child who has received a vaccination, may refuse to permit disclosure of confidential information collected by ImmuNet, to an authorized user.
(2) If the individual or the parent or guardian of a minor child does not want the release of the individual’s or child’s confidential information, the individual or the parent or guardian of a minor child shall complete a “refusal to permit” form, provided by the Department, to be returned to the Department.
(3) The Secretary shall make available “refusal to permit” forms to each health care provider who gives vaccinations.
(4) The Department shall:
(i) Develop brochures about ImmuNet that:
1. Describe the benefits of ImmuNet for authorized users;
2. Describe privacy protections in ImmuNet;
3. Notify an individual of the right to refuse to permit disclosure to an authorized user;
4. Notify an individual that the individual may correct any inaccurate information;
5. Provide a list of addresses where an individual may obtain a form to request the correction or removal of inaccurate information from ImmuNet;
6. Explain the right of an individual who has received a vaccination to have the individual’s personal information kept confidential;
7. Describe the kind of information collected and retained by ImmuNet about an individual who receives a vaccination;
8. Describe who has access to the information in ImmuNet; and
9. Describe how the information is used by ImmuNet; and
(ii) Make the brochure available to each health care provider who administers vaccines.
(5) Prior to administering vaccines to a newborn child, each birth hospital or birthing center shall distribute the form and the brochure described in paragraphs (2) and (4) of this subsection to the parent of a newborn child.
(6) A health care provider who administers a vaccine, or the agent of the health care provider, shall:
(i) Provide the individual with a copy of the form and the brochure described in paragraphs (2) and (4) of this subsection;
(ii) Notify the individual or the parent or guardian of a minor of the right to refuse to disclose to ImmuNet; and
(iii) Report to ImmuNet all vaccines administered.
(e) Subject to the provisions of subsection (d) of this section, information for ImmuNet may be obtained from:
(1) Any records owned or controlled by the Department, including Medicaid records, clinic records, and vital records;
(2) Any authorized user; and
(3) Any other source of information authorized by the Secretary for use.
(f) Authorized users may not use the information in ImmuNet:
(1) To release or disclose information in ImmuNet that an individual has refused to disclose;
(2) To solicit new patients or clients; or
(3) For any other purpose unless authorized by the Secretary.
(g) (1) A local health department may operate a local immunization system.
(2) A local health department operating a local immunization system shall be subject to the provisions of subsections (c) through (f) of this section.
(3) A local health department is required to submit information maintained in a local immunization system to ImmuNet in accordance with regulations adopted by the Secretary.
(h) An authorized user who in good faith discloses or does not disclose information to ImmuNet is not liable in any cause of action arising from the disclosure or nondisclosure of that information.
(i) An authorized user, including an officer or employee of a governmental unit, who knowingly and willfully violates subsection (f) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent offense.
(j) If the confidentiality of records of Maryland citizens is protected, the Secretary may enter into collaborative agreements with other states for the purpose of sharing information about immunizations.
(k) The Secretary shall adopt regulations to implement this section, including regulations specifying:
(1) The type and kind of information to be collected;
(2) Procedures for protecting the confidentiality of information in ImmuNet;
(3) The permissible use of information compiled by ImmuNet; and
(4) Standards for maintaining security and reliability of collected information in the system.
Md. Code, Health - General § 18-110
The Department, in partnership with the Department of Aging, the Virginia I. Jones Alzheimer’s Disease and Related Dementias Council, and the Greater Maryland Chapter of the Alzheimer’s Association, shall incorporate information into relevant public health outreach programs administered by the Department to:
(1) Educate health care providers regarding:
(i) The importance of early detection and timely diagnosis of cognitive impairment;
(ii) Validated assessment tools for the detection and diagnosis of cognitive impairment;
(iii) The value of a Medicare annual wellness visit or other annual physical for an individual at least 65 years old for cognitive health;
(iv) The Medicare care planning billing code for individuals with cognitive impairment; and
(v) Treatments approved by the Food and Drug Administration for Alzheimer’s disease and related dementias, including relevant information on treatment use and outcomes; and
(2) Increase public understanding and awareness of:
(i) The early warning signs of Alzheimer’s disease and related dementias;
(ii) The value of early detection, diagnosis, and treatment of Alzheimer’s disease and related dementias;
(iii) How to reduce the risk of cognitive decline, particularly among individuals in Black and Latino communities who are at greater risk of developing Alzheimer’s disease and related dementias; and
(iv) Treatments approved by the U.S. Food and Drug Administration for Alzheimer’s disease and related dementias and relevant information on treatment use and outcomes, including information related to treatment outcomes based on biological sex.
Md. Code, Health - General § 18-111
(a) The Department, in collaboration with the State–designated health information exchange, shall establish and maintain a publicly accessible website that includes in a downloadable format the following information:
(1) The prevalence of Alzheimer’s disease and related dementias in the State;
(2) The hospitalization rate related to Alzheimer’s disease and related dementias; and
(3) To the extent possible, the prevalence and hospitalization rate of Alzheimer’s disease and related dementias disaggregated based on:
(i) Age, including age of diagnosis;
(ii) Sex;
(iii) Race;
(iv) Ethnicity;
(v) Number of cases by county;
(vi) Co–occurrence of Down Syndrome (Trisomy–21); and
(vii) Type of dementia.
(b) The website required under subsection (a) of this section shall:
(1) Include the data available for the immediately preceding 5–year period ending September 30, 2025; and
(2) Be updated on or before January 1 each year, beginning in 2027, to include any newly available data.
Md. Code, Health - General § 18-201
(a) A physician with reason to suspect that a patient under the physician’s care has a condition or an infectious or contagious disease, except human immunodeficiency virus or acquired immunodeficiency syndrome, that endangers public health and that has been designated by the Secretary as reportable shall submit immediately a report to the health officer for the county where the physician cares for that patient.
(b) The report shall:
(1) Contain the information and be in a format specified or approved by the Secretary; and
(2) Be transmitted as directed by the Secretary.
(c) (1) Except as provided in paragraphs (2) through (5) of this subsection, all reports and all information collected in connection with a report from a health care provider, the subject of the report, or other individuals who might be affected by the condition or disease in the report are:
(i) Confidential;
(ii) Not medical records under Title 4, Subtitle 3 of this article;
(iii) Not open to public inspection; and
(iv) Not discoverable or admissible in evidence in any civil or criminal matter except in accordance with a court order sealing the court record.
(2) This subsection does not apply to reports, information, and records otherwise available to the public or required to be publicly disclosed.
(3) The Secretary may prepare and disseminate nonindividually identifiable information about one or more cases of a condition or disease based on any report received under this section, for any purpose consistent with the Secretary’s lawful duties as authorized by an act of the Maryland General Assembly.
(4) This subsection does not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any individual who is the subject of the confidential record.
(5) This subsection does not apply to a disclosure by the Secretary to another governmental agency performing its lawful duties as authorized by an act of the Maryland General Assembly or the United States Congress where the Secretary determines that:
(i) The agency to whom the information is disclosed will maintain the confidentiality of the disclosure; and
(ii) The disclosure is necessary to protect the public health or to prevent the spread of an infectious or contagious disease.
Md. Code, Health - General § 18-201.1
§18–201.1.
(a) A health care provider who has diagnosed an individual under the health care provider’s care with HIV infection or acquired immunodeficiency syndrome according to the current definition published in the Morbidity and Mortality Weekly Report by the Centers for Disease Control and Prevention of the Department of Health and Human Services shall submit immediately a report to the health officer for the county where the health care provider cares for that individual.
(b) The report shall:
(1) Be on the form that the Secretary provides;
(2) Identify the disease;
(3) State the name, age, race, sex, and residence address of the individual;
(4) State the pregnancy status of the individual, if applicable; and
(5) Be signed by the health care provider.
(c) (1) A health care provider shall submit a report as described in subsection (b) of this section to the Secretary within 48 hours of:
(i) The birth of an infant whose mother has tested positive for HIV; and
(ii) A pregnant woman testing positive for HIV, for the purpose of intervention.
(2) If a newborn infant does not become HIV positive after 18 months from the infant’s date of birth, the Secretary shall have the newborn infant’s name removed from the HIV registry.
(d) (1) All health care provider reports required under this section are:
(i) Confidential and subject to Title 4, Subtitle 1 of this article; and
(ii) Not medical records under Title 4, Subtitle 3 of this article, but are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article.
(2) The reports and any proceedings, records, or files relating to the reports required under this section are not discoverable and are not admissible in evidence in any criminal, civil, or administrative action.
(3) This subsection does not apply to a disclosure by the Secretary to another governmental agency performing its lawful duties pursuant to State or federal law where the Secretary determines the agency to whom the information is disclosed will maintain the confidentiality of the disclosure.
Md. Code, Health - General § 18-202
(a) In this section, “institution” includes:
(1) A hospital; and
(2) A lodging facility.
(b) When the administrative head of an institution has reason to believe that an individual on the premises of the institution has a condition or an infectious or contagious disease, except human immunodeficiency virus or acquired immunodeficiency syndrome, that has been designated by the Secretary as reportable, the administrative head immediately shall submit a report to the health officer for the county where the institution is located.
(c) The report shall:
(1) Contain the information and be in a format specified or approved by the Secretary; and
(2) Be transmitted as directed by the Secretary.
(d) (1) Except as provided in paragraphs (2) through (5) of this subsection, all reports and all information collected in connection with a report from a health care provider, the subject of the report, or other individuals who might be affected by the condition or disease in the report are:
(i) Confidential;
(ii) Not medical records under Title 4, Subtitle 3 of this article;
(iii) Not open to public inspection; and
(iv) Not discoverable or admissible in evidence in any civil or criminal matter except in accordance with a court order sealing the court record.
(2) This subsection does not apply to reports, information, and records otherwise available to the public or required to be publicly disclosed.
(3) This subsection does not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any individual who is the subject of the confidential record.
(4) The Secretary may prepare and disseminate nonindividually identifiable information about one or more cases of a condition or a disease based on any report received under this section, for any purpose consistent with the Secretary’s lawful duties as authorized by an act of the Maryland General Assembly.
(5) This subsection does not apply to a disclosure by the Secretary to another governmental agency performing its lawful duties as authorized by an act of the Maryland General Assembly or the United States Congress where the Secretary determines that:
(i) The agency to whom the information is disclosed will maintain the confidentiality of the disclosure; and
(ii) The disclosure is necessary to protect the public health or to prevent the spread of an infectious or contagious disease.
Md. Code, Health - General § 18-202.1
§18–202.1.
(a) In this section, “institution” includes:
(1) A hospital;
(2) A nursing home;
(3) A hospice facility;
(4) A medical clinic in a correctional facility;
(5) An inpatient psychiatric facility; and
(6) An inpatient drug rehabilitation facility.
(b) When an institution has an individual in the care of the institution with a diagnosis of HIV or acquired immunodeficiency syndrome according to the current definition published in the Morbidity and Mortality Weekly Report by the Centers for Disease Control and Prevention, a clinical or infection control practitioner shall submit a report within 48 hours to the health officer for the county where the institution is located.
(c) The report shall:
(1) Be on the form that the Secretary provides;
(2) Identify the disease;
(3) State the name, age, race, sex, and residence address of the individual with the disease;
(4) State the pregnancy status of the individual, if applicable;
(5) State the name of the administrative head of the institution; and
(6) State the address of the institution.
(d) (1) All institution reports required under this section are:
(i) Confidential and subject to Title 4, Subtitle 1 of this article; and
(ii) Not medical records under Title 4, Subtitle 3 of this article, but are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article.
(2) The reports and any proceedings, records, or files relating to the reports required under this section are not discoverable and are not admissible in evidence in any criminal, civil, or administrative action.
(3) This subsection does not apply to a disclosure by the Secretary to another governmental agency performing its lawful duties in accordance with State or federal law where the Secretary determines the agency to whom the information is disclosed will maintain the confidentiality of the disclosure.
Md. Code, Health - General § 18-203
Notwithstanding any other provision of law, the Department may provide patient-identifying information for patients treated in this State for cancer to a cancer control agency in another state if:
(1) The patient is a resident of the other state;
(2) The Department determines that the agency will preserve the confidentiality of the information; and
(3) The other state has authority to provide equivalent information on Maryland residents to this State.
Md. Code, Health - General § 18-204
(a) (1) In this section the following words have the meanings indicated.
(2) “Cancer report” means a 1–time abstract of the medical record of a patient diagnosed or treated for cancer or a central nervous system tumor which contains:
(i) Reasonably obtained patient demographic information, including risk factors;
(ii) Relevant information on the:
1. Initial histologically precise diagnosis;
2. Initial treatment;
3. Extent of the disease by the end of the first hospitalization; and
4. Extent of the disease within 2 months of diagnosis if the information is available to the reporting facility and the reporting facility has a tumor registry; and
(iii) Facility and other provider identification information.
(3) (i) “Central nervous system tumor” means, irrespective of histologic type or behavior, a primary tumor in the following sites:
1. The brain;
2. The caudea equina;
3. A cranial nerve;
4. The craniopharyngeal duct;
5. The meninges;
6. The pineal gland;
7. The pituitary gland; or
8. The spinal cord.
(ii) “Central nervous system tumor” includes a primary intracranial tumor.
(4) “Freestanding ambulatory care facility” has the meaning stated in § 19–3B–01 of this article.
(b) (1) Each hospital that has care of a patient with cancer or a central nervous system tumor, each freestanding laboratory, freestanding ambulatory care facility, or therapeutic radiological center that has care of or has diagnosed cancer or a central nervous system tumor for a nonhospitalized patient, and each physician who has care of or has diagnosed cancer or a central nervous system tumor for a nonhospitalized patient not otherwise reported shall:
(i) 1. Submit a cancer report to the Secretary, on the form that the Secretary provides or in a computerized file;
2. Make available to the Secretary, or an agent of the Secretary, at the facility the information necessary to compile a cancer report; or
3. Enter into an agreement with a hospital or other facility or agency that agrees to report to the Maryland Cancer Registry to act as the reporting source for a cancer or central nervous system tumor patient who has been referred to or from that facility, or reported to that agency with regard to cancer or central nervous system tumor screening, diagnosis, or treatment; and
(ii) Effective July 1, 1993, submit a cancer report in a computerized file on a quarterly basis to the Secretary, or an agent of the Secretary, for all patients initially diagnosed, treated, or admitted to a facility for cancer or a central nervous system tumor during that calendar quarter.
(2) To assure compliance with this section, the Secretary, or an agent of the Secretary, may inspect upon reasonable notice a representative sample of the medical records of patients diagnosed, treated, or admitted for cancer or a central nervous system tumor at the facility.
(3) (i) Information obtained under this subsection shall be confidential and subject to Title 4, Subtitle 1 of this article.
(ii) This subsection does not apply to a disclosure by the Secretary to another governmental agency performing its lawful duties pursuant to State or federal law where the Secretary determines that the agency to whom the information is disclosed will maintain the confidentiality of the disclosure.
(iii) A cancer report is not a medical record under Title 4, Subtitle 3 of this article, but is subject to the confidentiality requirements of Title 4, Subtitle 1 of this article.
(4) Each hospital, freestanding laboratory, freestanding ambulatory care facility, therapeutic radiological center, or physician who in good faith submits a cancer report to the Secretary is not liable in any cause of action arising from the submission of the report.
(5) The Secretary, after consultation with the Cancer Registry Advisory Committee, the Maryland Hospital Association, and representatives of freestanding laboratories and therapeutic radiological centers, shall adopt regulations to implement the requirements of this section.
(6) The Secretary, in accordance with § 2–1257 of the State Government Article, shall submit an annual report to the Governor and General Assembly on the activities of the cancer registry, including utilization of cancer registry data.
Md. Code, Health - General § 18-205
(a) In this section, “clinical material” means:
(1) An organism isolated from a clinical specimen;
(2) Material derived or prepared from a clinical specimen in which evidence of a communicable disease has been identified or detected; or
(3) If the organism or material described in subparagraph (i) or (ii) of this paragraph is not available, material from an individual that has already been obtained by the medical laboratory, in the following order of preference:
(i) A patient specimen;
(ii) Microbial genetic material; or
(iii) Other laboratory material.
(b) (1) Except for the director of the State’s public health laboratory system, the director of a medical laboratory located in this State shall submit a report to the health officer for the county where the laboratory is located after an examination of a human specimen shows evidence of any infectious or contagious disease or condition that has been designated by the Secretary as reportable.
(2) The director of the State’s public health laboratory system shall submit a report to the Secretary if an examination of a human specimen shows evidence of any infectious or contagious disease or condition that has been designated by the Secretary as reportable.
(3) The director of a medical laboratory located outside of this State that performs a medical laboratory test on a human specimen acquired from a person in this State shall submit a report to the Secretary after an examination of that specimen shows evidence of any infectious or contagious disease or condition that has been designated by the Secretary as reportable.
(4) A director of a medical laboratory shall submit clinical material to the Secretary as directed by the Secretary.
(c) (1) When more than 1 specimen is taken from a patient during 1 disease episode, the director of the medical laboratory need not report every test result of a specimen that shows evidence of the same disease in that patient if:
(i) At least 1 positive test result is reported; and
(ii) The health officer has approved the reporting of less than all test results.
(2) The director of the medical laboratory need not report vibriosis, noncholera, if the disease is found in a specimen obtained from the patient’s teeth, gingival tissues, or oral mucosa.
(d) The report shall:
(1) Contain the information and be in a format specified or approved by the Secretary; and
(2) Be transmitted as directed by the Secretary.
(e) This section does not relieve a person of the duty to report under § 18–201, § 18–201.1, § 18–202, or § 18–202.1 of this subtitle.
(f) (1) A health officer shall inform the Secretary of each laboratory examination report received under subsection (b)(1) of this section.
(2) The Secretary shall inform the health officer of the jurisdiction where the patient resides of a laboratory examination report received under this section from a medical laboratory located outside this State.
(g) The Secretary, a health officer, or an agent of the Secretary or health officer may discuss a laboratory report with the attending physician or another health care provider caring for a patient, but, if the physician or another health care provider caring for a patient is not reasonably available, may communicate with a patient directly in a manner prescribed by the Secretary.
(h) (1) Except as provided in paragraphs (2) through (5) of this subsection, all reports and all information collected in connection with a report from a health care provider, the subject of the report, or other individuals who might be affected by the condition or disease in the report are:
(i) Confidential;
(ii) Not medical records under Title 4, Subtitle 3 of this article;
(iii) Not open to public inspection; and
(iv) Not discoverable or admissible in evidence in any civil or criminal matter except in accordance with a court order sealing the court record.
(2) This subsection does not apply to reports, information, and records otherwise available to the public or required to be publicly disclosed.
(3) The Secretary may prepare and disseminate nonindividually identifiable information about one or more cases of a condition or a disease based on any report made under this section, for any purpose consistent with the Secretary’s lawful duties as authorized by an act of the Maryland General Assembly.
(4) This subsection does not apply to a disclosure by the Secretary to another governmental agency performing its lawful duties as authorized by an act of the Maryland General Assembly or the United States Congress where the Secretary determines that:
(i) The agency to whom the information is disclosed will maintain the confidentiality of the disclosure; and
(ii) The disclosure is necessary to protect the public health or to prevent the spread of an infectious or contagious disease.
(5) This subsection does not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any individual who is the subject of the confidential record.
(i) To assure compliance with this section, the Secretary, a health officer, or an agent of the Secretary or health officer may inspect pertinent laboratory records.
(j) The Secretary shall adopt regulations that designate the diseases or conditions that are reportable by a director of a medical laboratory under this section.
Md. Code, Health - General § 18-206
(a) (1) In this section the following words have the meanings indicated.
(2) “Birth defect” means an abnormality of the structure or a function of the human body present at birth that may result in:
(i) A physical or mental disability; or
(ii) Death.
(3) “Health care provider” has the meaning stated in § 4–301 of this article.
(b) (1) A hospital shall make a report on each child who is live–born or stillborn in the hospital and has a birth defect. If a child is born outside the hospital, the person filling out the birth certificate shall make a report under this section.
(2) The Secretary shall appoint a committee of physicians, hospital representatives, epidemiologists, parents or guardians of children with birth defects, and officials from the Department to determine the information required under paragraph (1) of this subsection.
(3) The hospital shall submit the reports required under paragraph (1) of this subsection to the Department within 1 month after the date of release of the child’s mother from the hospital.
(c) A health care provider shall allow the Department to inspect and obtain the following medical information regarding a child with a birth defect:
(1) The medical records of:
(i) A child through the child’s second year of life; and
(ii) A child’s mother regarding the mother’s pregnancy with the child;
(2) Records of any laboratory tests relating to a child’s birth defect; and
(3) Any other medical information relating to a child’s birth defect.
(d) (1) The hospital shall disclose the identity of the child with a birth defect to the Secretary so that the Secretary may:
(i) Use the information to protect the public health; or
(ii) Provide the parents or guardians of the child with information on birth defects and public and private services available in accordance with subsection (g)(1) and (4) of this section.
(2) If the Department shows a need for the individual identity of children without birth defects to conduct an investigation that aids in the protection of the public health, the hospital shall obtain the written consent of the parent or guardian of the child to disclose the child’s name to the Secretary.
(3) The Secretary shall assure that the identity of a child under this section may not be released outside the Department without the written consent of the parent or guardian of the child.
(e) (1) The Department shall keep any medical information obtained under this section confidential.
(2) Medical information requested under this section shall be only as intrusive as necessary and used for the purpose of:
(i) Assuring the quality of the data reported;
(ii) Providing information or services to a child’s family;
(iii) Conducting an epidemiological investigation related to a birth defect; or
(iv) Conducting the Department’s research into the causes of birth defects.
(3) (i) The release of medical information obtained in accordance with this section to the Department is not a violation of the confidential relationship between a health care provider and a patient.
(ii) A health care provider who discloses medical records to the Department under this section:
1. Is not liable in any suit for civil damages for the disclosure of the medical records;
2. Is not subject to disciplinary action by any licensing or disciplining authority for disclosure of confidential information; and
3. May not be subject to any criminal penalties.
(4) The medical information obtained by the Department under this section is not subject to subpoena, discovery, or introduction into evidence in any administrative, civil, or criminal proceeding.
(f) While conducting research using human subjects under this section, the Department shall comply with the requirements for the protection of human subjects under:
(1) Title 13, Subtitle 20 of this article; and
(2) 42 U.S.C. § 289.
(g) (1) The Department shall assure that information is prepared and periodically updated on:
(i) Birth defects; and
(ii) Public and private services for children with birth defects.
(2) (i) The Secretary shall appoint a committee to determine the information required under paragraph (1) of this subsection.
(ii) The committee shall consist of:
1. Physicians;
2. Educators;
3. Social service specialists;
4. Representatives of the Department;
5. Representatives of the Department of Human Services;
6. Representatives of the State Department of Education; and
7. Parents or guardians of children with birth defects.
(3) The information provided under this subsection shall be distributed to each hospital and made available to parents or guardians of children with birth defects by the child’s physician before the child is discharged from the hospital and with an explanation, to the extent possible, of the birth defect to the parents or guardians.
(4) (i) The Secretary shall send a letter to the parent or guardian of each child reported under this section with a birth defect before the child is 6 months old.
(ii) The letter shall offer information about the birth defect and available services with emphasis on needs identified after discharge from the hospital.
(iii) Before sending a letter to a parent or guardian, the Secretary shall implement appropriate procedures to assure that a letter is not sent to a parent or guardian of a child who has died.
(h) The Department and the Department of the Environment shall jointly develop procedures to monitor the data on birth defect trends which may be caused by environmental hazards.
Md. Code, Health - General § 18-207
(a) (1) In this section the following words have the meanings indicated.
(2) “Designated anonymous HIV test site” means an HIV counseling and testing site approved by the Maryland Department of Health as a site where a patient may have an anonymous HIV test.
(3) “HIV/AIDS case report” means an abstract of the medical record of a patient diagnosed with human immunodeficiency virus or acquired immunodeficiency syndrome which contains:
(i) Reasonably obtained patient demographic information, including name and risk factors;
(ii) Relevant information on the:
1. Initial diagnosis;
2. Treatment and referral; and
3. Clinical condition; and
(iii) Facility and other provider identification information.
(4) “Report” means:
(i) A laboratory examination report for HIV or CD 4+ count as required by § 18–205 of this subtitle;
(ii) A report for HIV or AIDS as required by § 18–201.1, § 18–202, or § 18–202.1 of this subtitle; or
(iii) An HIV/AIDS case report.
(b) (1) Except for a designated anonymous HIV test site, a facility or office that orders a test for HIV and receives a test result that documents the presence of HIV as defined by the CDC laboratory criteria shall, upon the Secretary’s request, make available to the Secretary, or an agent of the Secretary, the information necessary to compile an HIV/AIDS case report.
(2) A report or information assembled or obtained under this section:
(i) Is confidential and subject to Title 4, Subtitle 1 of this article; and
(ii) Is not a medical record under Title 4, Subtitle 3 of this article, but is subject to the confidentiality requirements of Title 4, Subtitle 1 of this article.
(3) This subsection does not apply to a disclosure by the Secretary to another governmental agency performing its lawful duties pursuant to State or federal law where the Secretary determines that the agency to which the information is disclosed will maintain the confidentiality of the disclosure.
(4) The report and any proceedings, records, or files relating to the reports required under this section are not discoverable and are not admissible in evidence in any civil action.
Md. Code, Health - General § 18-208
(a) (1) When a health officer has reason to believe that a disease that endangers public health exists within the county, the health officer shall:
(i) Report immediately to the appropriate county board of health; and
(ii) With the approval of the board:
1. Investigate the suspected disease; and
2. Act properly to prevent the spread of the disease.
(2) (i) Except in Baltimore City, the attending physician of an individual who has the disease may act properly to prevent the spread of the disease and does not need the approval of the county board of health to act.
(ii) A physician may act under this paragraph only until the health officer completes the investigation under paragraph (1) of this subsection or, if sooner, until the emergency ends.
(3) A county board of health shall pay the necessary and legitimate expenses that a health officer incurs under this subsection.
(b) When a health officer is notified of an infectious or contagious disease within the county, the health officer:
(1) Shall act immediately to prevent the spread of the disease;
(2) Within 24 hours after receiving notice of the disease, shall give the Secretary all information obtained on the disease; and
(3) Shall cooperate with the Secretary to prevent the spread of the disease.
(c) (1) When a health officer knows of any unusual disease or mortality in the county or a contiguous county, the health officer promptly shall give the Secretary notice of the disease or mortality.
(2) If a health officer is unsure whether a disease is infectious or contagious, the health officer shall notify the Secretary.
Md. Code, Health - General § 18-209
When a health officer receives notice of an infectious or contagious disease that affects or is likely to endanger the health of school children within the county, the health officer immediately shall give written notice to the county board of education.
Md. Code, Health - General § 18-210
(a) To prevent the spread of an infectious or contagious disease that endangers public health, a health officer may have:
(1) Any part of a house disinfected if the house has been exposed to the disease; and
(2) Any article in the house disinfected or destroyed if the article has been exposed to the disease.
(b) The county where the house is located shall:
(1) Incur the expense of disinfecting the house; and
(2) Reasonably compensate a person who suffers damage from the exercise of a power granted by this section, if the person is not at fault.
Md. Code, Health - General § 18-211
(a) A health officer may have an individual moved to a suitable place for the reception of the sick if:
(1) A physician certifies that the individual has an infectious disease that endangers public health;
(2) The individual:
(i) Is staying in a room occupied by more than 1 family;
(ii) Is on board a vessel; or
(iii) Otherwise does not have proper housing; and
(3) The administrative head of the place for the reception of the sick consents to the move.
(b) The city or county where the infected individual is found shall pay for the cost of moving the individual.
(c) A person may not willfully disobey an order or obstruct the carrying out of an order of the health officer to move an individual.
Md. Code, Health - General § 18-212
(a) The health officer shall keep a record of each report that is submitted to the health officer under § 18-201 of this subtitle.
(b) The record shall:
(1) Be on the form that the Secretary provides;
(2) State the date of the report;
(3) State the name of the physician who submits the report;
(4) State the disease identified in the report;
(5) State the name and residence address of the patient named in the report; and
(6) State the actions taken to prevent the spread of the disease.
Md. Code, Health - General § 18-212.1
§18–212.1.
If the Governor has strong grounds to believe that there is a danger of a malignant and contagious disease being introduced into the State, the Governor may:
(1) Quarantine a vessel that is entering the waters of the State;
(2) Prohibit or restrict contact between the State and the place affected by the disease; and
(3) Take other actions that appear to the Governor to be necessary to carry out this section.
Md. Code, Health - General § 18-213
(a) (1) In this section the following words have the meanings indicated.
(2) “Contagious disease or virus” means:
(i) Human immunodeficiency virus (HIV);
(ii) Meningococcal meningitis;
(iii) Tuberculosis;
(iv) Mononucleosis;
(v) Any form of viral hepatitis, including but not limited to hepatitis A, B, C, D, E, F, and G;
(vi) Diphtheria;
(vii) Plague;
(viii) Hemorrhagic fevers; or
(ix) Rabies.
(3) “Correctional institution” means a place of detention or correctional confinement operated by or for the State or a local government.
(4) (i) “Correctional officer” means a member of a correctional unit who is charged with and actually performs those duties that relate to the investigation, care, custody, control, or supervision of persons confined to places of incarceration.
(ii) “Correctional officer” includes any sheriff, warden, superintendent, or any other person having an equivalent title.
(5) “Law enforcement officer” means any person who, in an official capacity, is authorized by law to make arrests and who is a member of one of the following law enforcement agencies:
(i) The Department of State Police;
(ii) The Baltimore City Police Department;
(iii) The police department, bureau, or force of any county;
(iv) The police department, bureau, or force of any incorporated city or town;
(v) The office of the sheriff of any county;
(vi) The police department, bureau, or force of any bicounty agency or constituent institution of the University System of Maryland, Morgan State University, St. Mary’s College, or of any institution under the jurisdiction of the Maryland Higher Education Commission;
(vii) The Maryland Transit Administration police force of the Department of Transportation, the Maryland Transportation Authority Police Force, and the Maryland Port Administration police force of the Department of Transportation;
(viii) The law enforcement officers of the Department of Natural Resources;
(ix) The Field Enforcement Bureau of the Comptroller’s Office;
(x) The Field Enforcement Division of the Alcohol, Tobacco, and Cannabis Commission;
(xi) The Crofton Police Department;
(xii) The Intelligence and Investigative Division of the Department of Public Safety and Correctional Services; or
(xiii) The Ocean Pines Police Department.
(6) “Medical care facility” means a hospital as defined in § 19–301 of this article or a health care facility of a correctional institution.
(b) While treating or transporting an ill or injured patient to a medical care facility or while acting in the performance of duty, if a paid or volunteer firefighter, emergency medical technician, or rescue squad member comes into contact with a patient who is subsequently diagnosed as having a contagious disease or virus, as a result of information obtained in conjunction with the services provided during the visit to the facility, the attending physician, medical examiner, a designee of the medical care facility who receives the patient, the Chief Medical Examiner, or the Chief Medical Examiner’s designee shall notify the firefighter, emergency medical technician, or rescue squad member, and the employer or employer’s designee of the individual’s possible exposure to the contagious disease or virus.
(c) If, while treating or transporting an ill or injured patient to a medical care facility or while acting in the performance of duty, a law enforcement officer comes into contact with a patient who is subsequently diagnosed, as a result of information obtained in conjunction with the services provided during the visit to the facility, as having a contagious disease or virus, the attending physician, medical examiner, a designee of the medical care facility who receives the patient, the Chief Medical Examiner or the Chief Medical Examiner’s designee shall notify the law enforcement officer and the officer’s employer or employer’s designee of the officer’s possible exposure to the contagious disease or virus.
(d) If, while treating or transporting an ill or injured incarcerated individual to a medical care facility or while acting in the performance of duty, a correctional officer comes into contact with an incarcerated individual who is subsequently diagnosed, as a result of information obtained in conjunction with the services provided during the visit to the facility, as having a contagious disease or virus, the attending physician, medical examiner, a designee of the medical care facility that receives the incarcerated individual, the Chief Medical Examiner, or the Chief Medical Examiner’s designee shall notify the correctional officer and the correctional officer’s correctional institution or the correctional institution’s designee of the officer’s possible exposure to the contagious disease or virus.
(e) The notification required under subsection (b), (c), or (d) of this section shall:
(1) Be made within 48 hours, or sooner, of confirmation of the patient’s diagnosis;
(2) Include subsequent written confirmation of possible exposure to the contagious disease or virus;
(3) Be conducted in a manner that will protect the confidentiality of the patient; and
(4) To the extent possible, be conducted in a manner that will protect the confidentiality of the firefighter, emergency medical technician, rescue squad member, law enforcement officer, or correctional officer.
(f) The written confirmation required under subsection (e)(2) of this section shall constitute compliance with this section.
(g) Each medical care facility shall develop written procedures for the implementation of this section, and, upon request, make copies available to the local fire authority, the local fire authority’s designee, the local law enforcement authority, the local law enforcement authority’s designee, the correctional officer, or the correctional institution’s designee having jurisdiction.
(h) A medical care facility, physician, Chief Medical Examiner, or the Chief Medical Examiner’s designee acting in good faith to provide notification in accordance with this section may not be liable in any cause of action related to the breach of patient confidentiality.
(i) A medical care facility, physician, Chief Medical Examiner, or the Chief Medical Examiner’s designee acting in good faith to provide notification in accordance with this section may not be liable in any cause of action for:
(1) The failure to give the required notice, if the firefighter, emergency medical technician, rescue squad member, law enforcement officer, or correctional officer fails to properly initiate the notification procedures developed by the health care facility under subsection (g) of this section; or
(2) The failure of the employer or employer’s designee to subsequently notify the firefighter, emergency medical technician, rescue squad member, law enforcement officer, or correctional officer of the possible exposure to a contagious disease or virus.
(j) A firefighter, emergency medical technician, rescue squad member, law enforcement officer, or correctional officer shall receive from their employers or local governmental bodies, at the expense of the employer or local governmental body, as part of their training, education on:
(1) (i) The routes of transmission of HIV and hepatitis B virus; and
(ii) The routes by which a firefighter, emergency medical technician, rescue squad member, law enforcement officer, or correctional officer may be exposed to HIV and hepatitis B virus; and
(2) The current Centers for Disease Control and Prevention guidelines for preventing prehospital exposure to HIV and hepatitis B while rendering emergency medical care.
(k) A firefighter, emergency medical technician, rescue squad member, law enforcement officer, or correctional officer shall receive from their employers, associations, or local governmental bodies, at the employers’, associations’, or local governmental bodies’ expense, equipment recommended by the Centers for Disease Control and Prevention to protect a firefighter, emergency medical technician, rescue squad member, law enforcement officer, or correctional officer from exposure to HIV and hepatitis B while rendering emergency medical care.
(l) (1) The fire department, law enforcement agency, and all other agencies or organizations employing a firefighter, emergency medical technician, rescue squad member, law enforcement officer, or correctional officer shall develop written procedures for the implementation of this section.
(2) On request, copies of the procedures developed in this subsection shall be made available to employees, employee unions, volunteer associations, and the Secretary.
(m) A person under this section may not refuse to treat or transport an individual because the individual is HIV positive.
Md. Code, Health - General § 18-213.1
§18–213.1.
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Body fluids” means:
1. Any fluid containing visible blood, semen, or vaginal secretions; or
2. Cerebral spinal fluid, synovial, or amniotic fluid.
(ii) “Body fluid” does not include saliva, stool, nasal secretions, sputum, tears, urine, or vomitus.
(3) “Contact exposure” means as between a patient and a sworn member of the State Fire Marshal’s office:
(i) Percutaneous contact with blood or body fluids;
(ii) Mucocutaneous contact with blood or body fluids;
(iii) Open wound, including dermatitis, exudative lesions, or chapped skin, contact with blood or body fluids for a prolonged period; or
(iv) Intact skin contact with large amounts of blood or body fluids for a prolonged period.
(4) “Contagious disease or virus” means:
(i) Human immunodeficiency virus (HIV);
(ii) Meningococcal meningitis;
(iii) Tuberculosis;
(iv) Mononucleosis;
(v) Any form of viral hepatitis, including but not limited to hepatitis A, B, C, D, E, F, and G;
(vi) Diphtheria;
(vii) Plague;
(viii) Hemorrhagic fevers; or
(ix) Rabies.
(5) “Medical care facility” means a hospital as defined in § 19–301 of this article or a health care facility of a correctional institution.
(b) If, while treating or transporting an ill or injured patient to a medical care facility or while acting in the performance of duty, a sworn member of the State Fire Marshal’s office comes into contact exposure with a patient who is subsequently diagnosed, as a result of information obtained in conjunction with the services provided during the visit to the facility, as having a contagious disease or virus, the attending physician, medical examiner, a designee of the medical care facility who receives the patient, the Chief Medical Examiner, or the Chief Medical Examiner’s designee shall notify the sworn member of the State Fire Marshal’s office and the State Fire Marshal or the State Fire Marshal’s designee of the officer’s possible contact exposure to the contagious disease or virus.
(c) The notification required under subsection (b) of this section shall:
(1) Be made within 48 hours of confirmation of the patient’s diagnosis;
(2) Include subsequent written confirmation of possible contact exposure to the contagious disease or virus;
(3) Be conducted in a manner that will protect the confidentiality of the patient; and
(4) To the extent possible, be conducted in a manner that will protect the confidentiality of the sworn member of the State Fire Marshal’s office.
(d) The written confirmation required under subsection (c)(2) of this section shall constitute compliance with this section.
(e) Each medical care facility shall develop written procedures for the implementation of this section, and upon request, make copies available to the State Fire Marshal’s office.
(f) A medical care facility, physician, Chief Medical Examiner, or the Chief Medical Examiner’s designee acting in good faith to provide notification in accordance with this section may not be liable in any cause of action related to the breach of patient confidentiality.
(g) A medical care facility, physician, Chief Medical Examiner, or the Chief Medical Examiner’s designee acting in good faith to provide notification in accordance with this section may not be liable in any cause of action for:
(1) The failure to give the required notice, if the sworn member of the State Fire Marshal’s office fails to properly initiate the notification procedures developed by the health care facility under subsection (e) of this section; or
(2) The failure of the State Fire Marshal or the State Fire Marshal’s designee to subsequently notify the sworn member of the State Fire Marshal’s office of the possible contact exposure to a contagious disease or virus.
(h) A sworn member of the State Fire Marshal’s office shall receive from the State Fire Marshal’s office, at the expense of the State Fire Marshal’s office, as part of the member’s training, education on:
(1) (i) The routes of transmission of HIV and hepatitis B virus; and
(ii) The routes by which a sworn member of the State Fire Marshal’s office may be exposed to HIV and hepatitis B virus; and
(2) The current Centers for Disease Control and Prevention guidelines for preventing prehospital exposure to HIV and hepatitis B while rendering emergency medical care.
(i) A sworn member of the State Fire Marshal’s office shall receive from the State Fire Marshal’s office, at the State Fire Marshal’s expense, equipment recommended by the Centers for Disease Control and Prevention to protect a sworn member of the State Fire Marshal’s office from exposure to HIV and hepatitis B while rendering emergency medical care.
(j) (1) The State Fire Marshal’s office shall develop written procedures for the implementation of this section.
(2) On request, copies of the procedures developed under this subsection shall be made available to employees, employee unions, volunteer associations, and the Secretary.
(k) A person under this section may not refuse to treat or transport an individual because the individual is HIV positive.
Md. Code, Health - General § 18-213.2
§18–213.2.
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Body fluids” means:
1. Any fluid containing visible blood, semen, or vaginal secretions; or
2. Cerebral spinal fluid, synovial, or amniotic fluid.
(ii) “Body fluids” does not include saliva, stool, nasal secretions, sputum, tears, urine, or vomitus.
(3) “Contact exposure” means as between a decedent and a first responder:
(i) Percutaneous contact with blood or body fluids;
(ii) Mucocutaneous contact with blood or body fluids;
(iii) Open wound, including dermatitis, exudative lesions, or chapped skin, contact with blood or body fluids for a prolonged period; or
(iv) Intact skin contact with large amounts of blood or body fluids for a prolonged period.
(4) “Contagious disease or virus” means:
(i) Human immunodeficiency virus (HIV);
(ii) Meningococcal meningitis;
(iii) Tuberculosis;
(iv) Mononucleosis;
(v) Any form of viral hepatitis, including but not limited to hepatitis A, B, C, D, E, F, and G;
(vi) Diphtheria;
(vii) Plague;
(viii) Hemorrhagic fevers; or
(ix) Rabies.
(5) “Correctional institution” means a place of detention or correctional confinement operated by or for the State or a local government.
(6) (i) “Correctional officer” means a member of a correctional unit who is charged with and actually performs those duties that relate to the investigation, care, custody, control, or supervision of individuals confined to places of incarceration.
(ii) “Correctional officer” includes any sheriff, warden, superintendent, or other individual having the equivalent title.
(7) “First responder” means a:
(i) Firefighter;
(ii) Emergency medical technician;
(iii) Rescue squad member;
(iv) Law enforcement officer;
(v) Correctional officer; or
(vi) Sworn member of the State Fire Marshal’s office.
(8) “Law enforcement officer” means any individual who, in an official capacity, is authorized by law to make arrests and who is a member of one of the following law enforcement agencies:
(i) The Department of State Police;
(ii) The Baltimore City Police Department;
(iii) The police department, bureau, or force of any county;
(iv) The police department, bureau, or force of any incorporated city or town;
(v) The office of the sheriff of any county;
(vi) The police department, bureau, or force of any bicounty agency or constituent institution of the University System of Maryland, Morgan State University, St. Mary’s College, or of any institution under the jurisdiction of the Maryland Higher Education Commission;
(vii) The Maryland Aviation Administration police force of the Department of Transportation, the Maryland Transit Administration police force of the Department of Transportation, the Maryland Transportation Authority police force, and the Maryland Port Administration police force of the Department of Transportation;
(viii) The law enforcement officers of the Department of Natural Resources;
(ix) The Field Enforcement Bureau of the Comptroller’s Office;
(x) The Intelligence and Investigative Division of the Department of Public Safety and Correctional Services; or
(xi) The Maryland Capitol Police of the Department of General Services.
(9) “Medical care facility” means a hospital, or a health care facility of a correctional institution.
(10) “Physician performing a postmortem examination” means any of the following persons who perform a postmortem examination on a decedent:
(i) The Chief Medical Examiner; or
(ii) The Chief Medical Examiner’s designee.
(b) If, while transporting a person to a medical care facility or while acting in the performance of duty, a first responder comes into contact exposure while treating or transporting a person who dies at the scene or while being transported and who is subsequently determined, as a result of information obtained in conjunction with a postmortem examination by the Chief Medical Examiner or a designee of the Chief Medical Examiner to have had a contagious disease or virus at the time of death, the physician performing the postmortem examination shall notify the first responder and the first responder’s employer or the employer’s designee of the first responder’s possible contact exposure to the contagious disease or virus.
(c) The notification required under subsection (b) of this section shall:
(1) Be made within 48 hours of confirmation of the determination that the deceased person had a contagious disease or virus at the time of death;
(2) Include subsequent written confirmation of possible contact exposure to the contagious disease or virus;
(3) Be conducted in a manner that will protect the confidentiality of the deceased person; and
(4) To the extent possible, be conducted in a manner that will protect the confidentiality of the first responder.
(d) The written confirmation required under subsection (c)(2) of this section shall constitute compliance with this section.
(e) A medical care facility or physician performing a postmortem examination acting in good faith to provide notification in accordance with this section is not liable in any cause of action related to a breach of patient confidentiality.
(f) A medical care facility or physician performing a postmortem examination acting in good faith to provide notification in accordance with this section is not liable in any cause of action for:
(1) The failure to give the required notice if the first responder fails to properly initiate the notification procedures developed by the medical care facility and the Chief Medical Examiner under subsection (g) of this section; or
(2) The failure of the employer or the employer’s designee to subsequently notify the first responder of the possible contact exposure to a contagious disease or virus.
(g) (1) The State Fire Marshal, the Chief Medical Examiner, and each fire department, rescue squad company, medical care facility, correctional institution, and law enforcement agency in the State shall develop written procedures for the implementation of this section.
(2) On request, the State Fire Marshal and each fire department, rescue squad company, medical care facility, correctional institution, and law enforcement agency shall make copies of the procedures developed in this subtitle available to employees, employee unions, volunteer associations, and the Secretary.
(h) A person covered under subsection (a)(5), (6), (7), (8), (9), and (10) of this section may not refuse to treat or transport a deceased person because the deceased person was HIV positive at the time of death.
Md. Code, Health - General § 18-214
(a) In this section, “vaccine” means a product intended to elicit, in humans, active or passive immunity against an infectious agent or product of an infectious agent.
(b) There is a Statewide Advisory Commission on Immunizations.
(c) The following members shall serve without term limits:
(1) The State Superintendent of Schools or the State Superintendent’s designee with knowledge of the immunizations required of children entering schools;
(2) One local health officer;
(3) One representative from the Department’s Vaccines for Children Program; and
(4) The Maryland State Epidemiologist.
(d) The following members are subject to term limits:
(1) One representative from a public health consumer advocacy group;
(2) One nurse practitioner;
(3) One representative from a health insurance carrier;
(4) One consumer;
(5) One pharmacist;
(6) One physician member of MedChi, The Maryland State Medical Society;
(7) Two physician members of the Maryland Chapter of the American Academy of Pediatrics with experience in private practice and infectious diseases;
(8) One physician member of the Maryland Academy of Family Physicians;
(9) One school–based health care provider member of the Maryland Assembly on School–Based Health Care;
(10) One school nurse member of the Maryland Association of School Health Nurses or the Maryland Nurses Association;
(11) One physician member of the American College of Physicians – Internal Medicine Society of Maryland; and
(12) Up to three additional members selected by the Secretary.
(e) Except for the members listed in subsection (c)(1), (2), and (4) of this section, the Secretary shall appoint the membership of the Commission, based on the recommendation of the appropriate medical society or agency.
(f) (1) The Secretary, in consultation with MedChi, The Maryland State Medical Society, shall appoint the chair of the Commission.
(2) The chair of the Commission shall:
(i) Establish subcommittees to facilitate the work of the Commission; and
(ii) Appoint subcommittee chairs from among the Commission members.
(g) (1) This subsection applies only to members who are subject to term limits.
(2) The term of an appointed member is 4 years.
(3) Subject to paragraph (5) of this subsection, a member may serve two consecutive terms.
(4) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(5) A member who serves two consecutive full 4–year terms may not be reappointed for 4 years after the completion of those terms.
(6) The terms of the members of the Commission are staggered as required by the terms provided for the members of the Commission on June 1, 2010.
(h) If a vacancy for an appointed member of the Commission occurs, the Secretary shall promptly appoint a successor.
(i) A member of the Commission may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(j) The Department shall provide the staffing for the Commission.
(k) The Commission shall:
(1) Determine where community vaccine shortages exist and which vaccines are in short supply;
(2) Develop a recommendation for a plan to effectuate the equitable distribution of vaccines;
(3) Review:
(i) Potential provider reimbursement barriers to increasing immunizations;
(ii) The relative effectiveness of outreach programs that educate the public about the benefits of immunizations;
(iii) Potential cost–shifting of immunization expenses for privately insured patients who receive immunizations at local health departments; and
(iv) Potential administrative burdens associated with State purchasing of vaccines;
(4) Based on the review required under item (3) of this subsection, make recommendations on how to increase immunizations, including catch–up immunizations, among adults, adolescents, and children who are recommended to receive immunizations; and
(5) Study and make recommendations about other related issues as determined by the Commission, including:
(i) Immunizations required of children entering schools;
(ii) All available options for the purchasing of vaccines, including the development of a Universal Vaccine Purchasing System, or a similar program to increase access to necessary vaccines, for the State;
(iii) An update on the status of the use of thimerosal in vaccines, including the availability and affordability of thimerosal–free vaccines, and any other issue related to the use of thimerosal in vaccines that is identified by the Commission;
(iv) Elimination of any vaccine distribution disparities;
(v) A public education campaign in the event of a vaccine shortage or public health emergency involving immunizations; and
(vi) The availability and affordability of adult, adolescent, and childhood vaccines.
(l) The Commission may recommend to the Department that information on vaccine safety be communicated to health care providers.
(m) On or before December 15 of each year, the Commission shall submit a report on its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Health and Government Operations Committee.
Md. Code, Health - General § 18-214.1
§18–214.1.
(a) The purpose of expedited partner therapy is to provide antibiotic therapy to any partner of a patient diagnosed with a sexually transmitted infection identified in subsection (b) of this section in order to:
(1) Contain and stop the further spread of the infection; and
(2) Reduce the likelihood of reinfection in the diagnosed patient.
(b) Notwithstanding any other provision of law, the following health care providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without making a personal physical assessment of the patient’s partner:
(1) A physician licensed under Title 14 of the Health Occupations Article;
(2) An advanced practice registered nurse with prescriptive authority licensed under Title 8 of the Health Occupations Article acting in accordance with § 8–508 of the Health Occupations Article;
(3) An authorized physician assistant licensed under Title 15 of the Health Occupations Article acting in accordance with § 15–302.2 of the Health Occupations Article; and
(4) A registered nurse employed by a local health department who complies with:
(i) The formulary developed and approved under § 3–403(b) of this article; and
(ii) The requirements established under § 8–512 of the Health Occupations Article.
(c) This section may not be construed to otherwise expand the prescribing or dispensing authority of an advanced practice registered nurse with prescriptive authority or a physician assistant.
(d) Notwithstanding any other provision of law, a pharmacist licensed under Title 12 of the Health Occupations Article may dispense antibiotic therapy prescribed in accordance with subsection (b) of this section.
(e) The Secretary shall adopt regulations to implement the requirements of this section in public and private health care settings in the State.
Md. Code, Health - General § 18-214.2
§18–214.2.
(a) (1) In this section, “public institution of higher education” means:
(i) A public senior higher education institution, as defined in § 10–101 of the Education Article; and
(ii) A community college.
(2) A public institution of higher education does not include an institution without residential housing or a health center.
(b) (1) On or before August 1 each year, beginning in 2021, each public institution of higher education shall submit an outbreak response plan to the Department.
(2) If there is an outbreak of a contagious disease at a public institution of higher education, the public institution of higher education shall implement the outbreak response plan required under paragraph (1) of this subsection.
(c) The outbreak response plan required under subsection (b) of this section shall be customized to the public institution of higher education and include:
(1) A process for expediently notifying students, families of students, faculty, and staff of:
(i) The outbreak of a contagious disease;
(ii) Subpopulations that are at high risk of severe complications from the contagious disease;
(iii) Guidance on how students, families of students, faculty, and staff can take reasonable protective measures; and
(iv) Information on the availability of laboratory testing for students, faculty, and staff;
(2) Processes for implementing evidence–based outbreak response measures;
(3) The provision of staff to successfully implement the outbreak response plan during an outbreak of a contagious disease at the public institution of higher education;
(4) A process for reporting an outbreak of a contagious disease at the public institution of higher education to:
(i) The Department;
(ii) The local health department;
(iii) Campus health providers;
(iv) Local community health providers; and
(v) Regional hospitals; and
(5) Any other measure required by the Department.
Md. Code, Health - General § 18-215
(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.
(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.
(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.
(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.
(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.
(f) (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:
(i) A fine not exceeding $100,000, imprisonment for not more than 5 years, or both; and
(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) This subsection does not apply to an officer or employee of a governmental unit that is conducting a criminal investigation.
(g) A health care provider or any other person who knowingly violates subsection (e) or (f) of this section is liable for actual damages.
(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.
Md. Code, Health - General § 18-216
A person who violates any provision of § 18-211(c) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $200 or imprisonment not exceeding 6 months.
Md. Code, Health - General § 18-217
The General Assembly finds and declares that it is in the public interest to ensure the public health, safety, and welfare by strictly regulating in this State the importation, transportation, sale, transfer, breeding, raising, keeping, and possession of certain animals which pose a possibility of the introduction of a disease or pest harmful to humans, or endangers the physical safety of human beings.
Md. Code, Health - General § 18-218
In this part, “animal” means any nonhuman living creature, whether native to Maryland or not, which is:
(1) Wild by nature; and
(2) Endowed with sensation and power of voluntary motion.
Md. Code, Health - General § 18-219
(a) The Secretary may prohibit the importation, selling, trading, purchasing, bartering, breeding, raising, keeping, or possession of any animals found to be dangerous to human health and safety.
(b) This section does not apply to:
(1) Domestic cats;
(2) Domestic dogs;
(3) Domestic ferrets;
(4) Animals used for agricultural purposes;
(5) Animals used for scientific purposes;
(6) Animals used for educational purposes;
(7) Animals used for public exhibitions; or
(8) Any animal that the Secretary determines is not a threat to human health and safety.
(c) This section may not be construed to prohibit the breeding, raising, keeping, or possession of turtles by a person who has obtained a permit under Title 10, Subtitle 9 of the Natural Resources Article.
Md. Code, Health - General § 18-220
Nothing in this part prevents or prohibits any county, municipal corporation, or Baltimore City from imposing stricter possession requirements or banning possession of certain animals.
Md. Code, Health - General § 18-221
When prohibiting animals that may also be harmful to indigenous wildlife or agricultural animals under § 18-219 of this subtitle, the Secretary shall coordinate with the Departments of Natural Resources and Agriculture.
Md. Code, Health - General § 18-222
(a) Any person who imports, transports, sells, transfers, breeds, raises, keeps, or possesses any animal which is prohibited under § 18-219 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500, or imprisonment not exceeding 1 year, or both.
(b) Any animal, whose possession or keeping is prohibited under § 18-219 of this subtitle shall be considered a nuisance and a contraband, and is subject to seizure by any authorized law-enforcement officer.
Md. Code, Health - General § 18-301
(a) Except for a physician or a dentist, a person may not:
(1) Treat or prescribe a treatment for cancer; or
(2) Represent to the public that the person can cure, treat, or prescribe a treatment for cancer.
(b) A person may not sell, offer to sell, or give away a drug, medicine, or device that the manufacturer or seller represents as a cancer cure unless a physician or dentist prescribes the drug, medicine, or device.
Md. Code, Health - General § 18-303
(a) (1) The Secretary shall establish and promote a statewide public information campaign on diethylstilbestrol (DES).
(2) The public information campaign shall:
(i) Try to reach each individual who has been exposed to diethylstilbestrol and each offspring of those individuals, to encourage the individuals and offspring to seek medical care for the prevention or treatment of cancer that results from the exposure to diethylstilbestrol; and
(ii) Include any other matter that the Secretary considers appropriate.
(b) The Secretary shall expand existing cancer screening programs to detect any cancer or other abnormal condition that results from exposure to diethylstilbestrol, including breast, cervical, testicular, or vaginal cancer or vaginal adenosis.
(c) The Secretary shall establish a program to train physicians, physician’s assistants, and nurses in:
(1) Identifying individuals who have been exposed to diethylstilbestrol;
(2) Diagnosing and treating any cancer or other abnormal condition that results from the exposure; and
(3) Preventing exposure to diethylstilbestrol.
(d) To carry out this section, the Secretary:
(1) On request, shall receive the help of or information from any agency of this State or of a political subdivision; and
(2) May contract for any necessary services.
(e) (1) The Secretary may set a sliding fee schedule for services provided under this section.
(2) This State shall reimburse a provider of screening and diagnosis under this section in the amount that the screening and diagnosis exceeds the total of the fee charged for the service and of all third party payments for the service.
Md. Code, Health - General § 18-304
A person who violates any provision of § 18-301 or § 18-302 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both.
Md. Code, Health - General § 18-307
(a) This section does not apply to a woman who objects to a standard serological syphilis test because the test is against the religious beliefs and practices of the woman.
(b) (1) The health care provider attending a woman for pregnancy shall submit to a medical laboratory:
(i) A blood sample taken from the woman at the time that the health care provider first examines the woman;
(ii) A blood sample taken from the woman in the third trimester at:
1. The prenatal visit at 28 weeks of gestation; or
2. The first prenatal visit after 28 weeks of gestation; and
(iii) 1. A blood sample taken from the woman who delivers a live born infant at the time of delivery; or
2. A blood sample taken from the woman who delivers a stillborn infant:
A. At 20 weeks of gestation or later; or
B. Weighing at least 500 grams.
(2) The medical laboratory to which a blood sample is submitted shall do a standard serological syphilis test that is approved by the Department.
(c) A hospital shall determine the syphilis serologic status of the mother before discharging the newborn for the purposes of neonatal evaluation and treatment.
(d) The Department may adopt rules, regulations, and standards under this section.
Md. Code, Health - General § 18-308
(a) Immediately after the birth of a child, the attending physician or attending nurse midwife shall use in the eyes of the child a prophylactic, approved by the Department, against gonococcal ophthalmia neonatorum.
(b) If, within 2 weeks after the birth of a child, an eye of the child becomes inflamed or swollen:
(1) The attending physician shall test to determine if gonococcal ophthalmia neonatorum is the cause of the inflammation or swelling; or
(2) If there is no attending physician, any other individual who has care of the child shall report the condition immediately to a physician or to the health officer for the county where the child is located, so that testing may be done.
(c) Within 48 hours after a physician knows that a child under the physician’s care has gonococcal ophthalmia neonatorum, the physician shall submit a report to the Department.
(d) An individual other than a physician may not treat the inflammation or swelling.
(e) A person who violates any provision of subsection (b)(2) or (d) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 6 months or both.
Md. Code, Health - General § 18-309
(a) (1) To the extent that funds are available for this purpose, the Secretary, in collaboration with other State agencies, shall establish and promote a statewide public information, awareness, and education campaign on Fetal Alcohol Syndrome and other effects of prenatal alcohol exposure.
(2) The campaign shall:
(i) Reach out to the general public and specific populations determined to be at high risk for contracting Fetal Alcohol Syndrome;
(ii) Disseminate the information about Fetal Alcohol Syndrome through written materials, television, radio, posters, or any other medium the Secretary considers appropriate and effective for conveying the information;
(iii) Distribute informational materials free of charge to prenatal clinics and to establishments that serve alcoholic beverages; and
(iv) Include any other matter that the Secretary considers appropriate.
(b) To carry out this section, the Secretary:
(1) On request, shall receive aid or information from any agency of this State, or from a political subdivision;
(2) May request the services of interested advocacy groups; and
(3) May contract for any necessary services.
Md. Code, Health - General § 18-312
In Part III of this subtitle, “public health veterinarian” means the veterinarian whom the Secretary designates as responsible for the veterinary public health program of the Department.
Md. Code, Health - General § 18-313
The Secretary of Health shall provide a statewide system:
(1) To control rabies;
(2) To grant authority to the public health veterinarian and the local health officer in matters pertaining to the disposition of animals that bite or otherwise expose rabies to an individual;
(3) To assist local political subdivisions regarding the laboratory testing of rabid animals;
(4) To treat each individual who is exposed or suspected of having been exposed to rabies;
(5) To distribute, in accordance with the conditions set by the Secretary of Agriculture, the biological products that are needed to prevent and treat rabies; and
(6) To allow a veterinary technician, as defined in § 2–301 of the Agriculture Article, or other clinical staff who work in or for an animal shelter, as defined in § 2–1701 of the Agriculture Article, or an animal control facility, as defined in § 2–305 of the Agriculture Article, to administer rabies vaccines if:
(i) The animal shelter or animal control facility is licensed to administer drugs under § 2–305 of the Agriculture Article;
(ii) The animal being vaccinated is under the custody or control of an animal shelter or animal control facility;
(iii) The veterinary practitioner who signs the rabies vaccination certificate has ensured that the individual administering the rabies vaccine was appropriately trained on administering rabies vaccines, including proper storage, handling, administration, and management of adverse reactions; and
(iv) The individual administering the vaccine is identified on the rabies vaccination certificate.
Md. Code, Health - General § 18-314
The Department shall provide preexposure immunization, without charge, to any individual who provides rabies control services at the request of the Department.
Md. Code, Health - General § 18-315
(a) With the county health department for each county, the Department shall provide for an antirabies clinic in the county.
(b) Each clinic shall be staffed by a graduate veterinarian.
(c) The clinic for a county shall be offered on or before June 30 of each year, on the date and at the location that the Department and the health department for the county determine.
(d) Each county health department may charge fees that are set so as to produce funds to cover the cost of material and services that the clinic provides.
(e) The public health veterinarian shall set the vaccination procedures to be used at the clinics.
Md. Code, Health - General § 18-316
(a) (1) Except as provided in paragraph (2) of this subsection, an individual immediately shall report to the local police or sheriff if the individual:
(i) Knows that a dog, cat, or other warm blooded animal has bitten, scratched, or otherwise exposed an individual to a possible rabies infection; or
(ii) Suspects that an animal has rabies.
(2) In Frederick County, the individual shall report to the animal control center of Frederick County.
(b) On receipt of a report under this section, the police, sheriff, or animal control center staff shall:
(1) Notify the health officer for the county where the report is made; and
(2) Enforce all orders of the health officer and the public health veterinarian.
(c) If the public health veterinarian or the local health officer issues an order to surrender an animal that is suspected of having rabies, a person may not hide or secret the animal:
(1) In the custody of the person; or
(2) In the custody or with the cooperation of any other person.
(d) A person who fails or refuses to comply with any provision of this section or any order issued under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Health - General § 18-317
The Department shall pay the cost of any antirabies treatment that an individual requires, if the individual is unable to pay for the treatment.
Md. Code, Health - General § 18-318
(a) Each person who owns or keeps a dog, cat, or ferret that is 4 months old or older shall have the dog, cat, or ferret vaccinated adequately against rabies.
(b) (1) A county may not register or license a dog, cat, or ferret unless the person who owns or keeps the dog, cat, or ferret submits, with the application for registration or license, proof that the dog, cat, or ferret has been vaccinated adequately against rabies.
(2) The public health veterinarian shall determine the proof of vaccination that is acceptable.
Md. Code, Health - General § 18-319
(a) A licensed veterinarian who vaccinates a dog, cat, or ferret against rabies:
(1) May select the vaccine to be used;
(2) Shall administer the vaccine in a manner that is consistent with the recommendations of the National Association of State Public Health Veterinarians;
(3) Shall issue to the owner of the dog, cat, or ferret a vaccination certificate, on the form that the Department approves; and
(4) Shall keep a record of the vaccination for a period of 5 years.
(b) The information in the rabies vaccination record that a licensed veterinarian keeps may not be used:
(1) To license the dog, cat, or ferret; or
(2) To tax the owner of the dog, cat, or ferret.
Md. Code, Health - General § 18-320
(a) Except as provided in subsection (e) of this section, an apparently healthy dog, cat, or ferret that has been adequately vaccinated against rabies in accordance with § 18-318 of this subtitle or any other animal that bites a human or otherwise exposes a human to rabies shall be quarantined as provided in subsection (b) of this section.
(b) An animal under quarantine shall be quarantined in a place, which may include the residence of the owner, in the manner designated by the local health officer or the public health veterinarian for a suitable period as determined by the health officer or the public health veterinarian.
(c) (1) At any time during the quarantine period, the public health veterinarian or local health officer may order the owner of a biting animal to have the animal monitored for rabies by a licensed veterinarian.
(2) The owner of the animal shall pay for the cost of any examination or other associated cost.
(d) An animal under quarantine may not be moved from the place of quarantine without the written permission of the local health officer or public health veterinarian.
(e) The public health veterinarian or local health officer or the designee of the public health veterinarian or local health officer may order the immediate and humane destruction of a biting animal for rabies testing if:
(1) It is necessary to preserve human health;
(2) A licensed veterinarian determines that a quarantined animal is inhumanely suffering; or
(3) The animal is considered wild and is not claimed by an owner within 24 hours.
Md. Code, Health - General § 18-322
(a) The Secretary shall keep a register of each individual who has tuberculosis.
(b) The Secretary:
(1) Shall have exclusive control of the register; and
(2) May not disclose information in the register about any individual to any person who is not authorized by law to have the information.
Md. Code, Health - General § 18-323
The Secretary shall provide printed instructions and any supplies that the Secretary considers necessary to prevent and control the spread of tuberculosis, on the request of any health officer or any physician attending an individual who has tuberculosis.
Md. Code, Health - General § 18-324
(a) The Secretary or a health officer may have an individual examined, if the Secretary or the health officer knows or is notified in writing by a physician that the individual is suspected of having tuberculosis.
(b) (1) If, after the examination, the Secretary or the health officer finds that the individual has tuberculosis and that the condition of the individual endangers, or may endanger, the public health of the community, the Secretary or the health officer may order the individual to receive appropriate medical care.
(2) If the individual fails to comply with the order, the Secretary or the health officer may order the individual to be placed in any of the following types of medical quarantine in order to protect the public health:
(i) Medical isolation at home;
(ii) Domiciliary care, nursing home care, or hospital care; or
(iii) Other medically appropriate living arrangement.
(3) The order of the Secretary or the health officer may also contain such other conditions as the Secretary or the health officer believes are necessary to protect either the health of the infected individual or the public health.
(c) The Secretary or a health officer may not require an individual to have a physical examination, other than a chest X–ray and to render sputum samples. The Secretary or a health officer may not restrict the right of the individual to select a treatment method, if the individual:
(1) In good faith relies on spiritual means through prayer for healing; and
(2) Complies with the laws, rules, and regulations that relate to sanitation for and quarantine of infectious, contagious, and communicable diseases.
Md. Code, Health - General § 18-325
(a) An individual may not refuse to comply with the placement ordered under § 18-324 of this subtitle.
(b) While an individual is in any placement for tuberculosis treatment, the individual may not:
(1) Behave in a disorderly manner; or
(2) Leave the placement before being discharged properly.
(c) An individual who violates any provision of this section is guilty of a misdemeanor and on conviction shall be imprisoned in a penal institution with facilities for tuberculosis treatment until the Secretary or the Health Department of Baltimore City finds that the condition of the individual no longer endangers the health of the community, or the Secretary obtains a court order that states that the individual:
(1) Is to be moved to a specified less restrictive setting for continuation of treatment;
(2) Must comply with the treatment until the Secretary determines the treatment has been completed;
(3) May not behave in a disorderly manner or leave the placement until the Secretary determines that the individual has completed the treatment; and
(4) Following a hearing, will be reimprisoned until the Secretary determines that the individual has completed the treatment, if the individual does not comply with the terms of the order.
Md. Code, Health - General § 18-328
(a) In Part V of this subtitle, the following words have the meanings indicated.
(b) “Health care provider” means any licensed health care professional, organization, or institution, whether public or private, under whose authority pertussis vaccine is administered.
(c) “Major adverse reaction” means:
(1) Any serious illness, disability, or impairment of mental, emotional, behavioral, or physical functioning or development, the first manifestation of which appears within 7 days after the date of administration of pertussis vaccine and for which there is reasonable scientific or medical evidence that pertussis vaccine causes, or significantly contributes to, such effect; and
(2) Any other reaction, which the Department, after consultation with the Medical and Chirurgical Faculty of Maryland, determines by guideline is a basis for not continuing with pertussis vaccine administration.
(d) “Pertussis vaccine” means any vaccine that contains materials intended to prevent the occurrence of pertussis, whether or not the materials are administered separately or in conjunction with other materials intended to prevent the occurrence of other diseases.
Md. Code, Health - General § 18-329
(a) (1) Prior to the administration of pertussis vaccine, the health care provider shall provide to the individual’s parent or guardian written information, satisfying the requirements of this subsection, and by appropriate inquiries attempt to elicit the information necessary to make the determinations required by § 18-332(b) of this subtitle.
(2) The information required under paragraph (1) of this subsection shall include:
(i) The frequency, severity, and potential long-term effects of pertussis;
(ii) Possible adverse reactions to pertussis vaccine which, if they occur, should be brought to the immediate attention of the health care provider;
(iii) A form listing symptoms to be monitored and containing places where information can be recorded to assist in reporting to the health care provider, local health officer, and the Department;
(iv) Measures parents should take to reduce the risk of, or to respond to, any major adverse reaction;
(v) Early warning signs or symptoms to which parents should be alert as possible precursors to a major adverse reaction;
(vi) When and to whom parents should report any major adverse reaction;
(vii) A summary of the immunization requirements adopted under § 7-403(a) of the Education Article, including those related to pertussis vaccine; and
(viii) The information required under § 18-332(a)(1) through (3) of this subtitle.
(b) The Department by guideline and consistent with § 18-331(b) of this subtitle shall prescribe the form and content of the information provided to parents in accordance with this section.
Md. Code, Health - General § 18-330
(a) At the time of administration of pertussis vaccine to an individual, the health care provider shall record in a permanent record to which the patient or the patient’s parent or guardian shall have access on request:
(1) The date of each vaccination;
(2) The manufacturer and lot number of the vaccine used for each;
(3) Any other identifying information on the vaccine used; and
(4) The name and title of the health care provider.
(b) Within 24 hours any health care provider who has administered pertussis vaccine to an individual and has reason to believe that the individual has had a major adverse reaction to the vaccine shall:
(1) Record all relevant information in the individual’s permanent medical record; and
(2) Report the information, including the manufacturer’s name and lot number, to the local health officer who shall immediately forward the information to the Department. On receipt of the information, the Department shall immediately notify the vaccine manufacturer.
Md. Code, Health - General § 18-331
(a) By guideline, the Department shall establish a system, sufficient for the purposes of subsections (b) and (c) of this section, to collect data from the local health officers, from public and private health care providers, and from parents on the incidence of pertussis and major adverse reactions to pertussis vaccine.
(b) On the basis of information collected under this subsection and of other information available, the Department shall periodically revise and update the information required by § 18–329 of this subtitle and the guidelines adopted under § 18–332 of this subtitle.
(c) The Department shall report to the United States Centers for Disease Control and Prevention all information collected under subsection (a) of this section, including that received under § 18–330(b) of this subtitle.
Md. Code, Health - General § 18-332
(a) The Department shall adopt guidelines, after notice and public hearing in accordance with the Administrative Procedure Act, setting forth:
(1) The circumstances under which pertussis vaccine should not be administered;
(2) The circumstances under which administration of the vaccine should be delayed;
(3) Any categories of potential recipients who are significantly more vulnerable to major adverse reactions than is the general population; and
(4) Procedures to notify all physicians of the content of the final guidelines and all updates issued thereafter.
(b) The administration of pertussis vaccine to an individual may not be required by any provision of law if, in the physician’s medical judgment:
(1) The circumstances specified under subsection (a)(1) or (2) of this section are present; or
(2) Taking into account the information specified under subsection (a)(3) of this section as well as all other relevant information, the risk to the potential recipient outweighs the benefits both to the potential recipient and to the public in administering the vaccine.
(c) Nothing in this section shall be construed to affect any emergency authority of the Secretary under any other provision of law to protect the public health.
Md. Code, Health - General § 18-333
(a) (1) The Secretary shall establish and promote a statewide public information program on acquired immune deficiency syndrome (AIDS).
(2) The public information program shall:
(i) Attempt to reach individuals at risk for contracting AIDS;
(ii) Encourage those individuals at risk for contracting AIDS to take the necessary precautions to prevent transmission of the HTLV-III virus; and
(iii) Include any other aspects that the Secretary considers appropriate.
(b) The Secretary shall establish a program to train physicians, physician’s assistants, nurses, and other health professionals in:
(1) Diagnosing and treating AIDS or other conditions associated with AIDS; and
(2) Methods to prevent the transmission of the HTLV-III virus.
(c) To carry out this section, the Secretary:
(1) On request, shall receive the help of or information from any agency of this State or of a political subdivision; and
(2) May contract for any necessary services.
(d) The Secretary may set a sliding fee schedule for services provided under this section.
Md. Code, Health - General § 18-334
(a) (1) In this section the following words have the meanings indicated.
(2) “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome.
(3) “Institution” means:
(i) An ambulatory surgical facility or center, as defined in § 19-114 of this article;
(ii) A health maintenance organization, as defined in § 19-701 of this article;
(iii) A hospital or related institution, as defined in § 19-301 of this article;
(iv) A tissue bank; or
(v) The office of 1 or more physicians.
(4) “Laboratory” means a public laboratory, medical laboratory, or medical test unit as those terms are defined in Title 17 of this article.
(5) “Physician” means a person licensed to practice under Title 14 of the Health Occupations Article.
(6) (i) “Tissue bank” means an establishment that obtains, stores, processes, distributes, or sells human blood or other human tissue for use in the human body.
(ii) “Tissue bank” includes a blood bank or sperm bank.
(b) (1) Subject to the provisions of paragraph (2) of this subsection, an institution that obtains or processes semen, blood, or tissue shall obtain and send a blood sample from each potential donor of semen, blood, or tissue to a laboratory approved by the Department to test for HIV antibodies.
(2) Before obtaining a blood sample from a potential semen, blood, or tissue donor the institution shall:
(i) Inform the potential donor, in layman’s terms, that a blood sample of the donor will be tested for HIV antibodies and if the donor’s blood sample tests positive for HIV antibodies the result will be reported to the Department; and
(ii) Obtain written consent from the potential donor on a form provided by the Department for the administration of the HIV antibody tests and for the disclosure of a positive test result to the Department.
(c) An institution that obtains a positive HIV antibody test result under subsection (b) of this section shall:
(1) Notify the potential donor from whom the blood sample was obtained of the positive result;
(2) Inform the individual of available counseling; and
(3) Report the result to the Department on the form the Department provides.
(d) A test result reported by an institution under subsection (c) of this section may not contain any information that identifies the subject of the test.
(e) An institution may not use a semen, blood, or tissue specimen from a donor with a positive HIV antibody test result obtained under the provisions of this section.
Md. Code, Health - General § 18-335
To properly ensure the quality and effectiveness of condoms sold by means of a vending machine or other automatic devices, the Secretary shall adopt regulations:
(1) To protect the health, welfare, and safety of the public; and
(2) To provide for the enforcement of this section.
Md. Code, Health - General § 18-336
(a) (1) In this section the following words have the meanings indicated.
(2) “Health care facility” has the same meaning stated in § 18–338.2 of this subtitle.
(3) “Health care provider” means a physician, nurse, or designee of a health care facility.
(4) “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome.
(b) (1) Except as provided in Title 11, Subtitle 1, Part II of the Criminal Procedure Article or § 18–338.3 of this subtitle, before obtaining a fluid or tissue sample from the body of an individual for the purpose of testing the fluid or tissue for the presence of HIV infection, a health care provider shall:
(i) Inform the individual verbally or in writing that HIV testing will be performed on a specimen obtained from the individual unless the individual refuses HIV testing;
(ii) Provide the individual verbal or written information or show a video that includes an explanation of HIV infection and the meaning of positive and negative test results;
(iii) Offer the individual an opportunity to ask questions and decline HIV testing; and
(iv) If the individual refuses HIV testing, document in the medical record the individual’s decision.
(2) (i) Consent for HIV testing shall be included in a patient’s general informed consent for medical care in the same category as other screening and diagnostic tests.
(ii) Except as otherwise provided in this section, a health care provider may not be required to obtain consent for HIV testing using a separate consent form.
(3) A health care provider shall make available to individuals for whom HIV testing is performed easily understood informational materials in the languages of the commonly encountered populations of the health care provider.
(c) Subject to subsection (b) of this section, a health care provider shall obtain a fluid or tissue sample for the purpose of testing the fluid or tissue for the presence of HIV infection from:
(1) A pregnant woman during delivery; and
(2) A newborn when the pregnant woman’s HIV status is unknown.
(d) (1) If the HIV test is ordered at a location that is not a health care facility, informed consent shall be in writing and signed by the individual on an informed consent for HIV testing document that is approved by the Department.
(2) The informed consent for HIV testing document shall be distinct and separate from all other consent forms.
(3) A patient identifying number obtained from an anonymous and confidential test site which is approved by the Department may be evidence of a patient’s informed consent in lieu of a patient’s signature.
(e) An individual’s refusal to undergo an HIV test or a positive test result may not be used as the sole basis by an institution or laboratory to deny services or treatment.
(f) If the individual is unable to give informed consent, substitute consent may be given under § 5–605 of this article.
(g) A health care provider who obtains a result from an HIV test conducted in accordance with the provisions of subsection (b) of this section shall:
(1) Notify the individual from whom the fluid or tissue sample was obtained of the result; and
(2) If the test is positive:
(i) Provide a referral for treatment and supportive services;
(ii) Counsel the individual to inform all sexual and needle–sharing partners of the individual’s positive HIV status;
(iii) Offer to assist in notifying the individual’s sexual and needle–sharing partners or refer the individual to the local health officer to assist the individual with notifying the individual’s sexual and needle–sharing partners; and
(iv) If necessary, take action appropriate to comply with § 18–337 of this subtitle.
(h) Local health officers shall make available to health care providers in their jurisdiction information on referral resources for an individual with an HIV positive status, including counseling, testing, needs assessment, treatment, and support services.
Md. Code, Health - General § 18-337
(a) In this section, “health care provider” means a physician, a physician’s designee, or a designee of a health care facility licensed or otherwise authorized to provide health care services.
(b) If an individual informed of the individual’s HIV positive status under § 18-336 of this subtitle refuses to notify the individual’s sexual and needle-sharing partners, the individual’s physician may inform the local health officer and/or the individual’s sexual and needle-sharing partners of:
(1) The individual’s identity; and
(2) The circumstances giving rise to the notification.
(c) When the local health officer is notified, the health officer shall enforce the provisions of §§ 18-208 through 18-213.1 of this title:
(1) Within a reasonable time; and
(2) To the extent feasible.
(d) Each local health officer shall refer the infected individual and any known sexual or needle-sharing partners of the individual to appropriate services for the care, support, and treatment for HIV infected individuals.
(e) A physician acting in good faith to provide notification in accordance with this section may not be held liable in any cause of action related to a breach of patient confidentiality.
(f) A physician acting in good faith may not be held liable in any cause of action for choosing not to disclose information related to a positive test result for the presence of human immunodeficiency virus to an individual’s sexual and needle-sharing partners.
(g) A hospital or any other health care provider acting in good faith pursuant to a physician’s order to perform or interpret a test for the presence of HIV may not be held liable in any cause of action related to:
(1) A breach of patient confidentiality; or
(2) A physician’s decision to disclose or not to disclose information related to a positive test result to a local health officer and/or an individual’s sexual and needle-sharing partners.
Md. Code, Health - General § 18-338
(a) (1) In this section the following words have the meanings indicated.
(2) “Correctional employee” means:
(i) A person who is employed by a correctional institution; or
(ii) A person who performs duties in a correctional institution by virtue of federal, State, or local government employment.
(3) “Correctional institution” means a place of detention or correctional confinement operated by or for the State or a local government.
(4) “Court” means a district or circuit court of the State.
(5) “Exposure” means, as between a correctional employee and an incarcerated individual:
(i) Percutaneous contact with blood, semen, or blood contaminated fluids;
(ii) Mucocutaneous contact with blood, semen, or blood contaminated fluids;
(iii) Open wound, including dermatitis, exudative lesions, or chapped skin, contact with blood, semen, or blood contaminated fluids; and
(iv) Intact skin contact with large amounts of blood, semen, or blood contaminated fluids for a prolonged period.
(6) “Health care provider” means:
(i) Any person, including a physician or hospital, who is licensed or otherwise authorized in this State to provide health care services and is under contract with or operated by the correctional facility; or
(ii) An employee’s private physician.
(b) An incarcerated individual shall furnish to the correctional institution a blood sample or buccal (cheek) swab to be tested for the presence of human immunodeficiency virus (HIV) when:
(1) There has been an exposure involving the incarcerated individual;
(2) The exposure occurred in connection with the incarcerated individual’s violation of institutional regulations;
(3) The incarcerated individual has been found guilty of the violation of institutional regulations described in paragraph (2) of this subsection;
(4) The correctional employee involved in the exposure has given written notice of the exposure to the managing official of the correctional institution, or the official’s designee; and
(5) The exposure is confirmed by a health care provider.
(c) The correctional institution shall collect the blood sample from the incarcerated individual, and shall have the sample tested for human immunodeficiency virus (HIV) by a test and test procedure approved by the Department.
(d) (1) If the incarcerated individual refuses to furnish to the correctional institution a blood sample or buccal (cheek) swab to be tested for the presence of human immunodeficiency virus (HIV) as required under subsection (b) of this section, a court may order the incarcerated individual to furnish the blood sample or buccal (cheek) swab if:
(i) The correctional employee involved in the exposure or the correctional employee’s representative requests the testing in writing to the State’s Attorney in the county where the exposure occurred; and
(ii) The court finds probable cause to believe that the exposure occurred.
(2) Before ordering a test under paragraph (1) of this subsection and subject to the provisions of paragraph (6) of this subsection, the court shall hold a hearing at which the correctional employee or the correctional employee’s representative and the incarcerated individual or the incarcerated individual’s representative have the right to be present.
(3) The correctional employee or the correctional employee’s representative and the incarcerated individual or the incarcerated individual’s representative shall be notified of:
(i) The date, time, and location of the hearing; and
(ii) Their right to be present at the hearing.
(4) During the hearing, the court may admit into evidence only affidavits, counter–affidavits, and medical records that:
(i) Relate to the material facts of the case; and
(ii) Support or rebut a finding of probable cause to issue a court order.
(5) The written request of the correctional employee or the correctional employee’s representative shall be:
(i) Filed by the State’s Attorney with the court; and
(ii) Sealed by the court.
(6) Except for good cause, the court shall:
(i) Hold the hearing within 15 days after the State’s Attorney’s presentment to the court of the written request of the correctional employee or the correctional employee’s representative; and
(ii) Issue an order granting or denying the request within 3 days after the conclusion of the hearing.
(e) The correctional employee shall be notified of the results of the test for the presence of human immunodeficiency virus (HIV) conducted under the provisions of this section.
(f) The notification required under subsection (e) of this section shall:
(1) Be made within 48 hours of confirmation of the incarcerated individual’s diagnosis;
(2) Include subsequent written confirmation of the possible exposure to human immunodeficiency virus (HIV); and
(3) To the extent possible, be made in a manner that will protect the confidentiality of the correctional employee and the incarcerated individual.
(g) If the results of the blood sample test are positive for the presence of human immunodeficiency virus (HIV), then the correctional employee and the incarcerated individual shall be provided appropriate counseling.
(h) All correctional institutions shall develop written procedures to carry out the provisions of this section.
(i) A health care provider acting in good faith to provide notification in accordance with this section may not be held liable in any cause of action related to a breach of patient confidentiality.
(j) A health care provider acting in good faith to provide notification in accordance with this section may not be held liable in any cause of action for:
(1) The failure to give the required notice, if the correctional employee fails to properly initiate the notification procedures developed by the correctional institution under subsection (h) of this section; or
(2) The failure of the managing official of the correctional institution within which the correctional employee is employed to subsequently notify the correctional employee of the possible exposure to human immunodeficiency virus (HIV).
(k) A health care provider may not be held liable in any cause of action related to obtaining a blood sample or performing and interpreting an approved HIV test without the incarcerated individual’s informed consent.
Md. Code, Health - General § 18-338.1
§18–338.1.
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Body fluids” means:
1. Any fluid containing visible blood, semen, or vaginal secretions; or
2. Cerebrospinal fluid, synovial, or amniotic fluid.
(ii) “Body fluid” does not include saliva, stool, nasal secretions, sputum, tears, urine, or vomitus.
(3) “Exposure” means as between a patient and a health care provider:
(i) Percutaneous contact with blood or body fluids;
(ii) Mucocutaneous contact with blood or body fluids;
(iii) Open wound, including dermatitis, exudative lesions, or chapped skin, contact with blood or body fluids for a prolonged period; or
(iv) Intact skin contact with large amounts of blood or body fluids for a prolonged period.
(4) “Health care facility” means a facility or office where health or medical care is provided to patients by a health care provider, including:
(i) A health care facility as defined in § 19–114(d)(1) of this article;
(ii) A facility operated by the Department or a health officer;
(iii) The office of a health care provider; or
(iv) A medical laboratory.
(5) (i) “Health care provider” means a person who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health or medical care in:
1. The ordinary course of business or practice of a profession; or
2. In an approved education or training program.
(ii) “Health care provider” includes any agent or employee of a health care facility.
(iii) “Health care provider” does not include any individual who is eligible to receive notification under the provisions of § 18–213 of this title, including any law enforcement officer or any member of any fire department, ambulance company, or rescue squad.
(6) “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome.
(b) Except as provided in § 18–338.3 of this subtitle, a physician, nurse, or designee of a health care facility shall, at the request of an exposed health care provider, seek the informed consent of a patient to test a blood sample of the patient for the presence of HIV when:
(1) There has been an exposure between the patient and the health care provider;
(2) The health care provider involved in the exposure has given prompt written notice of the exposure, in accordance with the standards of the health care facility, to the chief executive officer or the chief executive officer’s designee of the health care facility where the exposure occurred;
(3) The exposure occurred based on the judgment of a physician who is not the health care provider involved in the exposure; and
(4) The health care provider involved in the exposure has given informed consent and has submitted a blood sample to be tested for the presence of HIV in accordance with the provisions of subsection (d) of this section.
(c) If, by virtue of the physical or mental condition of a patient, a physician, nurse, or designee of a health care facility is unable to obtain the informed consent of the patient to test a blood sample of the patient for the presence of HIV in accordance with subsection (b) of this section, the physician, nurse, or designee of the health care facility shall seek the consent of any person who has authority to consent to medical care for the patient as provided under § 5–605 of this article or as otherwise authorized by law.
(d) If the patient’s informed consent has been obtained in accordance with subsection (b) of this section or substitute consent has been obtained in accordance with subsection (c) of this section and the other requirements of subsection (b) of this section have been satisfied, a physician or the physician’s designee shall:
(1) Collect the blood sample from the patient and health care provider involved in the exposure; and
(2) Have the blood samples tested for the presence of HIV using a test procedure approved by the Department.
(e) When a physician obtains the results of a test for the presence of HIV that was conducted in accordance with the provisions of subsection (d) of this section, the physician or a designee of the health care facility shall directly notify the health care provider and the patient of the results of the patient’s HIV test.
(f) The notification required under subsection (e) of this section shall:
(1) Be made within 48 hours of confirmation of the results of the patient’s HIV test;
(2) Include subsequent written confirmation of the possible exposure to HIV; and
(3) To the extent possible, be made in a manner that will protect the confidentiality of the health care provider and the patient.
(g) If the results of a test for the presence of HIV that was conducted in accordance with the provisions of subsection (d) of this section are positive, a physician or the physician’s designee shall provide or arrange for the provision of appropriate counseling to the health care provider and the patient.
(h) (1) Notwithstanding the provisions of Title 4, Subtitle 3 of this article, the records, including any physician order for an HIV test or the results of an HIV test performed on a blood sample of a patient or a health care provider in accordance with the provisions of this section, may not be documented in the medical record of the patient or health care provider.
(2) The health care facility shall maintain a separate confidential record or incident report for all HIV tests performed on a blood sample of a patient or health care provider in accordance with the provisions of this section.
(3) The health care facility shall adopt procedures for the confidential testing of blood samples obtained in accordance with the provisions of this section.
(4) Except as provided in paragraph (5) of this subsection, the records, including any physician order for an HIV test or the results, of any HIV test performed on a blood sample of a patient or health care provider in accordance with the provisions of this section are:
(i) Confidential; and
(ii) Not discoverable or admissible in evidence in any criminal, civil, or administrative action.
(5) If the identity of the patient or any other information that could be readily associated with the identity of the patient is not disclosed, the results of an HIV test performed on a patient or health care provider in accordance with the provisions of this section may be introduced into evidence in any criminal, civil, or administrative action including the adjudication of a workers’ compensation claim.
(i) The costs incurred in performing an HIV test on a patient or health care provider in accordance with the provisions of this section shall be paid by the health care facility.
(j) All health care facilities shall develop written procedures to implement the provisions of this section.
(k) A health care provider or health care facility acting in good faith to provide notification or maintain the confidentiality of the results of a test for the presence of HIV in accordance with the provisions of this section may not be held liable in any cause of action related to a breach of patient or health care provider confidentiality.
(l) The Medical and Chirurgical Faculty of the State of Maryland in consultation with the Centers for Disease Control and Prevention, the Maryland Hospital Association, and the Maryland Department of Health shall develop a practice protocol for physicians who are infected with HIV.
Md. Code, Health - General § 18-338.2
§18–338.2.
(a) (1) In this section the following words have the meanings indicated.
(2) “Health care facility” means a facility or office where health or medical care is provided to patients by a health care provider, including:
(i) A hospital as defined in § 19–301 of this article;
(ii) A facility operated by the Department or a health officer; and
(iii) The office of a health care provider.
(3) “Health care provider” means a physician, nurse, licensed direct–entry midwife, or designee of a health care facility.
(4) “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome (AIDS).
(5) “Prenatal care” means obstetric and gynecologic services performed as part of a prenatal care program, including:
(i) Screening;
(ii) Physical examination;
(iii) Laboratory and diagnostic testing procedures and interpretation; and
(iv) Counseling.
(b) The Department, in consultation with stakeholders, shall adopt regulations establishing requirements for prenatal HIV testing.
(c) (1) A health care provider who provides prenatal medical care shall
follow the requirements for prenatal HIV testing that are adopted by the Department.
(2) The Department shall provide the requirements established under subsection (b) of this section to:
(i) Hospitals that offer obstetric services;
(ii) The American College of Obstetricians and Gynecologists;
(iii) The American College of Nurse Midwives; and
(iv) The Association of Independent Midwives of Maryland.
(d) (1) Except as otherwise provided in paragraph (2) of this subsection, the record of an HIV test performed under this section is confidential and not discoverable or admissible in evidence in any criminal, civil, or administrative action.
(2) Provided that the identity or any other information that could readily be associated with the identity of the pregnant woman is not disclosed, the results of an HIV test performed under this section may be introduced into evidence in any criminal, civil, or administrative action, including the adjudication of a workers’ compensation claim.
(e) A health care provider may not be subject to disciplinary action by the professional licensing board that licenses the health care provider for following the requirements for prenatal HIV testing established by the Department.
Md. Code, Health - General § 18-338.3
§18–338.3.
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Body fluids” means:
1. Any fluid containing visible blood, semen, or vaginal secretions; or
2. Cerebrospinal fluid, synovial fluid, or amniotic fluid.
(ii) “Body fluids” does not include saliva, stool, nasal secretions, sputum, tears, urine, or vomitus.
(3) “Exposure” means:
(i) Percutaneous contact with blood or body fluids;
(ii) Mucocutaneous contact with blood or body fluids;
(iii) Open wound, including dermatitis, exudative lesions, or chapped skin, contact with blood or body fluids for a prolonged period; or
(iv) Intact skin contact with large amounts of blood or body fluids for a prolonged period.
(4) “First responder” means an individual who:
(i) Is licensed or certified under § 13–516 of the Education Article; and
(ii) Provides services to an individual before the individual is admitted to a hospital.
(5) (i) “Health care provider” means an individual who is licensed, certified, or otherwise authorized under the Health Occupations Article or this article to provide health or medical care in:
1. The ordinary course of business or practice of a profession; or
2. An approved education or training program.
(ii) “Health care provider” includes any agent or employee of a hospital.
(iii) “Health care provider” does not include an individual who is eligible to receive notification under the provisions of § 18–213 of this title, including any law enforcement officer or any member of any fire department, ambulance company, or rescue squad.
(6) “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome.
(7) “Hospital” has the meaning stated in § 19–301 of this article.
(8) “Public safety worker” means:
(i) A career or volunteer member of a fire, rescue, or emergency medical services department, company, squad, or auxiliary;
(ii) A law enforcement officer;
(iii) The State Fire Marshal or a sworn member of the State Fire Marshal’s office; or
(iv) A forensic scientist who works under the direction of a law enforcement agency.
(b) Notwithstanding the provisions of § 18–338.1 of this subtitle, the designated infectious disease/communicable disease officer of a hospital shall order a test for the presence of antibodies to the human immunodeficiency virus (HIV) under subsection (d) of this section when:
(1) There has been an exposure in a hospital between a patient and a health care provider, an exposure between a patient and a first responder, or an exposure between a patient and a public safety worker before admission of the patient to a hospital, that, in accordance with the Centers for Disease Control and Prevention recommendations, would warrant recommending or offering chemoprophylaxis treatment for the health care provider, first responder, or public safety worker;
(2) (i) Informed consent, or substitute consent as required under § 18–338.1(c) of this subtitle, of the patient to test a blood sample of the patient for the presence of HIV was sought and the patient was unavailable or unable to consent; or
(ii) Informed consent, or substitute consent as required under § 18–338.1(c) of this subtitle, of the patient to test a blood sample already obtained from the patient for the presence of HIV was sought, the patient refused, and the patient was informed of the provisions of this subsection;
(3) (i) In accordance with hospital procedures, the health care provider involved in the exposure has given prompt notice of the exposure to the designated hospital infectious disease/communicable disease officer where the exposure occurred; or
(ii) 1. A. The first responder involved in the exposure has given prompt notice to the medical director with jurisdiction over the first responder; or
B. The public safety worker involved in the exposure has given prompt notice to the medical director with jurisdiction over the public safety worker; and
2. The medical director has given prompt notice to the designated hospital infectious disease/communicable disease officer where the patient is admitted;
(4) The health care provider, first responder, or public safety worker involved in the exposure has given informed consent and has submitted a blood sample to be tested for the presence of HIV; and
(5) The designated hospital infectious disease/communicable disease officer has made a determination, in accordance with the Centers for Disease Control and Prevention recommendations, that the testing of blood samples or other body fluids of the patient for the presence of antibodies to the human immunodeficiency virus (HIV) would be helpful in managing the risk of disease and health outcome of the health care provider, first responder, or public safety worker.
(c) If there has been an exposure between a first responder and an individual or a public safety worker and an individual before the admission of the individual to a hospital:
(1) The first responder or public safety worker shall give notice to the first responder’s or public safety worker’s medical director in accordance with subsection (b)(3)(ii)1 of this section;
(2) The medical director shall act as an intermediary at all times between the first responder or public safety worker and the designated hospital infectious disease/communicable disease officer; and
(3) The medical director and the designated hospital infectious disease/communicable disease officer shall ensure that all communications and information related to the exposure of the first responder or public safety worker are confidential.
(d) If the requirements of subsections (b) and (c) of this section are satisfied, the designated hospital infectious disease/communicable disease officer shall order tests to be conducted for the presence of antibodies to the human immunodeficiency virus (HIV) using a test procedure approved by the Department on:
(1) Blood samples already obtained from the patient; or
(2) Blood samples or other body fluids collected for the purpose of HIV testing under this section.
(e) When the designated hospital infectious disease/communicable disease officer obtains the results of an HIV test conducted in accordance with the provisions of subsection (d) of this section, the designated hospital infectious disease/communicable disease officer shall attempt to directly notify the patient of the results of the HIV test and, to the extent possible, in a manner that will protect the confidentiality of the health care provider, the first responder, or the public safety worker and the patient.
(f) If the results of an HIV test conducted in accordance with the provisions of subsection (d) of this section are positive, the designated hospital infectious disease/communicable disease officer shall provide or arrange for the provision of appropriate counseling and treatment recommendations to the health care provider, first responder, or public safety worker and the patient.
(g) (1) Notwithstanding the provisions of Title 4, Subtitle 3 of this article, the medical records, including any physician order for an HIV test or the results of an HIV test conducted under this section, may not be documented in the medical record of the patient, health care provider, first responder, or public safety worker.
(2) The hospital where the exposure occurred shall maintain a separate confidential record or incident report for all HIV tests conducted under this section.
(3) Each hospital shall adopt procedures for the confidential HIV testing of blood samples or other body fluids used or collected for purposes of this section.
(4) Except as provided in paragraph (5) of this subsection, the medical records, including any physician order for an HIV test or the results of any HIV test conducted under this section, are:
(i) Confidential; and
(ii) Not discoverable or admissible in evidence in any criminal, civil, or administrative action.
(5) If the identity of the patient or any other information that could be readily associated with the identity of the patient is not disclosed, the results of an HIV test conducted on a patient for purposes of this section may be introduced into evidence in any criminal, civil, or administrative action including the adjudication of a workers’ compensation claim.
(h) The costs incurred in performing an HIV test on a patient in accordance with the provisions of this section shall be paid by the hospital.
(i) Each hospital shall develop written procedures to implement the provisions of this section.
(j) A health care provider, first responder, public safety worker, or hospital or designee of a hospital acting in good faith to provide notification or maintain the confidentiality of the results of a test conducted under this section may not be held liable in any cause of action related to a breach of patient, health care provider, first responder, or public safety worker confidentiality.
Md. Code, Health - General § 18-401
(a) A person lawfully administering a drug or vaccine shall have the immunity from liability described under § 5-629(b) of the Courts and Judicial Proceedings Article.
(b) If the Secretary or a designee of the Secretary finds that a proposed immunization project would conform to good medical and public health practice and gives written approval for the project to be administered in this State, a physician, nurse, or other person participating in the project shall have the immunity from liability described under § 5-629(c) of the Courts and Judicial Proceedings Article.
Md. Code, Health - General § 18-402
A legally authorized person who obtains, processes, stores, distributes, or uses whole human blood, tissue, organs, or bones or any substance derived from human blood, tissue, organs, or bones shall have the immunity from liability described under § 5-630 of the Courts and Judicial Proceedings Article.
Md. Code, Health - General § 18-403
(a) Unless the Secretary declares an emergency or disease epidemic, the Department may not require the immunization of an individual if:
(1) The individual objects to immunization because it conflicts with the individual’s bona fide religious beliefs and practices; or
(2) The individual is a minor and the individual’s parent or guardian objects to immunization because it conflicts with the parent or guardian’s bona fide religious beliefs and practices.
(b) The Secretary shall adopt rules and regulations for religious exemptions under this section.
Md. Code, Health - General § 18-404
(a) (1) In this section the following words have the meanings indicated.
(2) “Employee” means an individual employed full–time or part–time directly, through contract with another entity, or as an independent contractor, by a related institution.
(3) “Medically contraindicated” means that a medical treatment is potentially detrimental to the health of the individual intended to be treated.
(4) “Related institution” has the meaning provided under § 19–301 of this article.
(b) (1) Subject to subsection (e) of this section, each related institution in the State shall immunize residents against the influenza virus and pneumococcal disease.
(2) Subject to subsection (e) of this section, each related institution in the State shall immunize employees against the influenza virus.
(3) Before an immunization under this section is administered, the related institution shall obtain written consent to administer the immunization from:
(i) The resident or employee receiving the immunization; or
(ii) The legal guardian of the resident receiving the immunization.
(c) Each related institution shall conduct the immunizations required under subsection (b) of this section:
(1) In accordance with the recommendations established by the Advisory Committee on Immunization Process of the United States Centers for Disease Control and Prevention that are in effect at the time the related institution conducts the immunizations; and
(2) By December 1 of each year that the immunization is required.
(d) A related institution that accepts an individual as a new resident or accepts an individual as a new employee after December 1 but before April 1 shall:
(1) Determine the individual’s status for immunization as required under subsection (b) of this section; and
(2) If necessary, provide or arrange for an immunization as required under subsection (b) of this section.
(e) A resident or employee is not required to receive a vaccine under this section if:
(1) The vaccine is medically contraindicated for the resident or employee;
(2) The vaccine is against the resident’s or employee’s religious beliefs; or
(3) After being fully informed by the related institution of the health risks associated with not receiving a vaccine, the resident or employee refuses the vaccine.
(f) (1) (i) Each related institution shall document the annual immunization against influenza virus and immunization against pneumococcal disease received by each resident in the resident’s medical record.
(ii) Each related institution shall document the annual immunization against influenza virus received by each employee in the employee’s personnel file.
(2) If a resident or employee refuses to be immunized as required under subsection (b) of this section, the related institution shall document the refusal and the reason for the refusal.
(g) Each related institution shall:
(1) Notify each prospective resident and each prospective employee of the immunization requirements of this section and request that the resident or employee agree to be immunized in accordance with subsection (b)(3) of this section; and
(2) Make available to all residents and employees of the related institution educational and informational materials relating to immunization against influenza virus and immunization against pneumococcal disease.
Md. Code, Health - General § 18-501
The intent of this subtitle is:
(1) To educate parents and physicians regarding homozygous sickle cell anemia;
(2) To monitor each affected infant’s health in that regard; and
(3) To provide resources for detecting sickle cell disease and supporting individuals with sickle cell disease.
Md. Code, Health - General § 18-502
(a) After securing the written approval of one of the parents or guardian of an infant at risk, the person in charge of the institution in which the infant is born, or the person who is required to prepare and register the certificate of birth for an infant born outside an institution, shall have administered a test for sickle cell anemia to the infant at risk.
(b) In addition to testing, the Department shall undertake a prenatal education program for pregnant females in the population group at risk on the subject of sickle cell anemia and related diseases.
Md. Code, Health - General § 18-503
(a) On determination of the presence of sickle cell anemia, the Department shall:
(1) Notify in writing:
(i) The physician of record or the institution at which the child is born; and
(ii) The parents or guardian of the infant;
(2) Provide the parents or guardian of the infant and the physician of record with educational materials; and
(3) Offer referral for genetic counseling.
(b) Within 2 months after a positive finding of sickle cell anemia, a confirmatory test shall be administered and the results of this test shall be reported to the Department.
Md. Code, Health - General § 18-504
(a) The Department and all persons shall maintain and treat all information derived from testing as confidential medical records as provided in § 13-109 of this article.
(b) Notwithstanding any other provision to the contrary, the Department may disclose confidential information, obtained pursuant to this title, to the Department of the Environment, as determined to be appropriate and necessary by the Secretary and consistent with the statutory responsibilities vested in the Secretary of the Environment.
Md. Code, Health - General § 18-505
(a) The Department shall designate any type of blood test for sickle cell anemia to be administered under this subtitle.
(b) The blood shall be tested only by a licensed laboratory that periodically undergoes standard proficiency testing for quality assurance.
Md. Code, Health - General § 18-506
(a) In this section, “Steering Committee” means the Statewide Steering Committee on Sickle Cell Disease.
(b) There is a Statewide Steering Committee on Sickle Cell Disease.
(c) The Steering Committee shall include representatives from:
(1) Local and national groups that advocate for individuals with sickle cell disease;
(2) Interest and support groups for individuals with sickle cell disease;
(3) Community and consumer groups;
(4) Academic and private clinical settings with knowledge and experience caring for adults with sickle cell disease;
(5) Area hospitals caring for individuals with sickle cell disease; and
(6) Pediatric clinics that care for children with sickle cell disease.
(d) The Steering Committee shall:
(1) Establish institution and community partnerships;
(2) Establish a statewide network of stakeholders who care for individuals with sickle cell disease;
(3) Educate individuals with sickle cell disease, the public, and health care providers about the State options for care of sickle cell disease; and
(4) Identify funding sources for implementing or supporting the actions, studies, policies, regulations, or laws recommended by the Steering Committee, including funding from:
(i) State, federal, and local government sources; and
(ii) Private sources.
Md. Code, Health - General § 18-507
(a) The Department may, in consultation with the Statewide Steering Committee on Sickle Cell Disease, provide services relating to sickle cell disease, including:
(1) Educational programs on sickle cell disease for individuals affected by the disease, including:
(i) Individuals with sickle cell disease;
(ii) Families of individuals with sickle cell disease;
(iii) Caregivers of individuals with sickle cell disease;
(iv) Employees at primary and secondary schools; and
(v) Health care providers;
(2) Social services support to individuals with sickle cell disease, including support from social workers and community health workers to provide information on services that may be available to the individual;
(3) Testing;
(4) Genetic counseling;
(5) Assistance with any available reimbursement for medical expenses related to sickle cell disease;
(6) Education and counseling services after the receipt of sickle cell trait test results from the State’s Newborn Screening Program; and
(7) Any other programs or services that are necessary to decrease the use of acute care services by individuals who have sickle cell disease.
(b) The Department shall provide the services in subsection (a) of this section through community–based organizations to the extent practicable.
Md. Code, Health - General § 18-508
(a) The Department, in consultation with the Statewide Steering Committee on Sickle Cell Disease, shall establish and implement a system of providing information on the sickle cell trait or the thalassemia trait to:
(1) An individual who has the sickle cell trait or the thalassemia trait, including as determined through a newborn screening under § 18–502 of this subtitle; and
(2) If the individual is a minor, the individual’s family.
(b) The Department shall include the following in the information provided under subsection (a) of this section:
(1) How the sickle cell trait or the thalassemia trait impacts the health of an individual with the trait; and
(2) How the sickle cell trait or the thalassemia trait is passed from a parent to a child.
Md. Code, Health - General § 18-509
The Department shall maintain in a conspicuous location on its website a list of resources for health care practitioners to use to improve their understanding and clinical treatment of individuals with sickle cell disease or the sickle cell trait, including information on the health impacts of carrying the sickle cell trait.
Md. Code, Health - General § 18-601
(a) An individual who has an infectious disease that endangers public health may not willfully:
(1) Be in a public place without taking proper precautions against exposing other individuals to the disease; or
(2) Transfer to another individual any article that has been exposed to the disease without thoroughly disinfecting the article.
(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.
Md. Code, Health - General § 18-602
(a) A person may not:
(1) Willfully or knowingly take an individual who has an infectious disease that endangers public health to the home of another individual;
(2) Carelessly expose an individual to another who has an infectious disease that endangers public health; or
(3) Permit a child who has an infectious disease that endangers public health to be in a public place while in charge of the child.
(b) A person who violates any provision of this section is subject to a fine not exceeding $100.
Md. Code, Health - General § 18-604
A person who violates any rule or regulation that the Secretary adopts under § 18-102 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Health - General § 18-701
(a) In this subtitle the following words have the meanings indicated.
(b) “Advisory Council” means the Advisory Council to the Center for the Study of the Health Effects of Fire.
(c) “Center” means the Center for the Study of the Health Effects of Fire.
Md. Code, Health - General § 18-702
There is a Center for the Study of the Health Effects of Fire.
Md. Code, Health - General § 18-703
(a) The Chief Medical Examiner is the Director of the Center.
(b) The Chief Medical Examiner shall employ a staff for the Center in accordance with the State budget.
Md. Code, Health - General § 18-704
The Center shall:
(1) Study the long and short term health effects of exposure to fire;
(2) Gather and analyze information concerning the morbidity and mortality of fire-related injury or death;
(3) Establish and maintain a registry of individuals who suffer fire-related injury or death;
(4) Establish a computerized data base concerning injuries and health effects of fire;
(5) Be a common repository for information routinely collected concerning fires;
(6) Communicate with national data bases of scientific literature in toxicology, chemistry, epidemiology, and other related scientific disciplines;
(7) Establish and maintain communication and collaboration with existing agencies, such as the National Institute of Standards and Technology, involved in programs related to the health effects of fire;
(8) Encourage and facilitate interest in fire-related issues at the educational institutions located in the State;
(9) In accordance with the State budget, provide funding for pilot studies addressing issues or factors affecting injuries or health effects of fire;
(10) Apply for federal or private research grants to investigate issues relating to the health effects of fire;
(11) Solicit and follow the recommendations of the Advisory Council concerning future activities or projects of the Center; and
(12) Provide staff support to the Advisory Council, as needed.
Md. Code, Health - General § 18-705
Information collected by the Center and intended for use in a research project or study is:
(1) Confidential; and
(2) Not discoverable or admissible in evidence in a civil or criminal action to determine:
(i) Cause of death; or
(ii) Liability for injury or death.
Md. Code, Health - General § 18-706
There is an Advisory Council to the Center for the Study of the Health Effects of Fire.
Md. Code, Health - General § 18-707
(a) (1) The Advisory Council consists of 7 members.
(2) (i) The Secretary shall appoint the members from a list submitted to the Secretary by:
1. Appropriate academic or research facilities having expertise in this area;
2. The Chief Medical Examiner; and
3. The Secretary of the Department of the Environment.
(ii) The number of names on the list shall be 3 times the number of vacancies.
(b) Each member shall be an individual with demonstrated scientific and technical expertise in the field of toxicology, epidemiology, or occupational medicine.
(c) (1) The term of a member is 5 years.
(2) The terms of members are staggered as required by the terms provided for members of the Council on July 1, 1988.
(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(d) The Secretary may remove a member for incompetence or misconduct.
Md. Code, Health - General § 18-708
(a) From among its members, the Advisory Council shall elect a chairperson.
(b) The manner of election of the chairperson shall be as the Advisory Council determines.
Md. Code, Health - General § 18-709
(a) The Advisory Council shall determine the times and places of its meetings.
(b) A member of the Advisory Council:
(1) May not receive compensation; but
(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Health - General § 18-710
The Advisory Council shall:
(1) Review the work of the Center;
(2) Advise the Director of the Center concerning the scientific evaluation of the information collected by the Center; and
(3) Assist the Center in setting priorities concerning issues to be researched.
Md. Code, Health - General § 18-711
The Secretary, in consultation with the State Postmortem Examiners Commission, may adopt regulations to carry out the provisions of this subtitle.
Md. Code, Health - General § 18-801
The Secretary shall establish and promote the Oral Health Program to prevent and detect oral cancer in the State, with a primary focus of meeting the needs of high-risk underserved populations, with the intent to reduce oral cancer mortality.
Md. Code, Health - General § 18-802
(a) In consultation with dental care providers, the Secretary shall develop and implement ongoing oral cancer educational programs in the State:
(1) To train health care providers to screen and properly refer patients with oral cancers; and
(2) To promote smoking cessation with a primary focus of meeting the needs of high-risk underserved populations.
(b) The programs developed and implemented under subsection (a) of this section shall address:
(1) The risk factors that lead to oral cancer;
(2) The signs and symptoms of oral cancer;
(3) The high-risk behaviors that may lead to oral cancer; and
(4) The accessibility of screening to detect oral cancer.
Md. Code, Health - General § 18-901
(a) In this subtitle the following words have the meanings indicated.
(b) “Catastrophic health emergency” has the meaning stated in § 14-3A-01 of the Public Safety Article.
(c) “Deadly agent” has the meaning stated in § 14-3A-01 of the Public Safety Article.
(d) “Exposure to a deadly agent” has the meaning stated in § 14-3A-01 of the Public Safety Article.
(e) “Health care facility” has the meaning stated in § 19–114(d)(1) of this article.
(f) (1) “Health care practitioner” has the meaning stated in § 19–114(e) of this article.
(2) “Health care practitioner” includes an individual licensed or certified as an emergency medical services provider under § 13–516 of the Education Article.
(g) “Health care provider” means:
(1) A health care facility; or
(2) A health care practitioner.
Md. Code, Health - General § 18-902
Notwithstanding any other provision of law, the Secretary may exercise the authority granted in this subtitle to:
(1) Continuously evaluate and modify existing disease surveillance procedures in order to detect a catastrophic health emergency;
(2) Investigate actual or potential exposures to a deadly agent; and
(3) Treat, prevent, or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent.
Md. Code, Health - General § 18-903
(a) (1) In accordance with procedures to be adopted by the Department, the Secretary, in consultation with health care facilities, may require health care facilities to develop and implement contingency plans addressing:
(i) Staff training needs;
(ii) Stockpiling of equipment, medication, and supplies necessary to address a catastrophic health emergency;
(iii) Treatment and decontamination protocols;
(iv) The coordination of services with other public and private entities; and
(v) Any other area that the Secretary determines is necessary to assist in the early detection and treatment of an individual exposed to a deadly agent.
(2) To the extent feasible, the procedures to be adopted by the Department under paragraph (1) of this subsection shall be consistent with accreditation requirements of the Joint Commission on Accreditation of Healthcare Organizations.
(b) After consulting with the appropriate licensing board, the Secretary:
(1) Shall publish protocols to assist health care practitioners in developing plans to respond to a catastrophic health emergency; and
(2) May, if necessary, require health care practitioners to implement the plans developed under item (1) of this subsection.
(c) The Secretary shall coordinate with the health occupations boards to develop a process to license, certify, or credential both licensed health care practitioners and out–of–state health care practitioners who may be needed to respond to a catastrophic health emergency.
Md. Code, Health - General § 18-904
(a) In this section, “information” means medical, epidemiological, or other data concerning a specific individual or a group of individuals, regardless of whether the information is otherwise deemed confidential under Title 4 of this article or as otherwise provided under law.
(b) In order to maintain an effective disease surveillance system for detecting whether individuals have been exposed to a deadly agent, the Secretary may by order, directive, or regulation:
(1) Require a health care provider or other person to report information to the Secretary or other public official on the following:
(i) The presence of an individual or group of individuals with specified illnesses or symptoms;
(ii) Diagnostic and laboratory findings relating to diseases caused by deadly agents;
(iii) Statistical or utilization trends relating to potential disease outbreaks;
(iv) Information needed to conduct contact tracing for exposed individuals; and
(v) Other data deemed by the Secretary to have epidemiological significance in detecting possible catastrophic health emergencies;
(2) Obtain access to information in the possession of a health care provider;
(3) Require or authorize a health care provider to disclose information to an agency of the federal, State, or local government or another health care provider;
(4) Require a health care provider or other person to submit reports to the Department containing information detailing the presence and use of deadly agents;
(5) Obtain access to premises in order to secure environmental samples and otherwise investigate actual or potential exposures to deadly agents; and
(6) Require a veterinarian or other person to report data relating to specified illnesses or symptoms in animal populations.
(c) The Secretary, in acquiring information under subsection (b) of this section, shall:
(1) Request and use nonidentifying information whenever possible; and
(2) Limit the use of confidential information to the extent necessary to detect and investigate actual or potential exposures to a deadly agent.
(d) (1) Any information that the Secretary receives under subsection (b) of this section is confidential and may be used or disclosed only in accordance with this section.
(2) If the information requested in subsection (b) of this section is otherwise confidential under Title 4 of this article or as otherwise provided under law, the Secretary or person that receives the information may not redisclose the information except as provided in paragraph (3) of this subsection.
(3) A person may redisclose the information to another health care provider or public official provided that:
(i) The health care provider or public agency to whom the information is disclosed will maintain the confidentiality of the disclosure; and
(ii) The Secretary determines the disclosure is necessary to treat, prevent, or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent.
Md. Code, Health - General § 18-905
(a) In investigating actual or potential exposures to a deadly agent, the Secretary:
(1) (i) May issue an order requiring individuals whom the Secretary has reason to believe have been exposed to a deadly agent to seek appropriate and necessary evaluation and treatment;
(ii) When the Secretary determines that it is medically necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent, may order an individual or group of individuals to go to and remain in places of isolation or quarantine until the Secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public; and
(iii) If a competent individual over the age of 18 refuses vaccination, medical examination, treatment, or testing under this paragraph, may require the individual to go to and remain in places of isolation or quarantine until the Secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public;
(2) May coordinate and direct the efforts of any health officer or health commissioner of any subdivision in seeking to detect or respond to threats posed by a deadly agent; and
(3) May order any sheriff, deputy sheriff, or other law enforcement officer of the State or any subdivision to assist in the execution or enforcement of any order issued under this subtitle.
(b) The Secretary may issue an order under subsection (a) of this section:
(1) If, prior to the issuance of a proclamation under § 14-3A-02 of the Public Safety Article, the Secretary determines that the disease or outbreak can be medically contained by the Department and appropriate health care providers; and
(2) As necessary to implement an order issued by the Governor under § 14-3A-02 of the Public Safety Article.
Md. Code, Health - General § 18-906
(a) (1) If the Secretary requires an individual or a group of individuals to go to and remain in places of isolation or quarantine under § 18–905 of this subtitle, the Secretary shall issue a directive to the individual or group of individuals.
(2) The directive shall specify:
(i) The identity of the individual or group of individuals subject to isolation or quarantine;
(ii) The premises subject to isolation or quarantine;
(iii) The date and time at which isolation or quarantine commences;
(iv) The suspected deadly agent causing the outbreak or disease, if known;
(v) The basis upon which isolation or quarantine is justified; and
(vi) The availability of a hearing to contest the directive.
(3) (i) Except as provided in subparagraph (ii) of this paragraph, the directive shall be in writing and given to the individual or group of individuals prior to the individual or group of individuals being required to go to and remain in places of isolation and quarantine.
(ii) 1. If the Secretary determines that the notice required under subparagraph (i) of this paragraph is impractical because of the number of individuals or geographical areas affected, the Secretary shall ensure that the affected individuals are fully informed of the directive using the best possible means available.
2. If the directive applies to a group of individuals and it is impractical to provide written individual copies under subparagraph (i) of this paragraph, the written directive may be posted in a conspicuous place in the isolation or quarantine premises.
(b) (1) An individual or group of individuals isolated or quarantined under subsection (a) of this section may request a hearing in circuit court contesting the isolation or quarantine.
(2) A request for a hearing may not stay or enjoin an isolation or quarantine directive.
(3) Upon receipt of a request under this subsection, the court shall conduct a hearing within 3 days from receipt of the request.
(4) (i) In any proceedings brought for relief under this subsection, the court may extend the time for a hearing upon a showing by the Secretary or other designated official that extraordinary circumstances exist that justify the extension.
(ii) In granting or denying an extension, the court shall consider the rights of the affected individual, the protection of the public health, the severity of the catastrophic health emergency, and the availability, if necessary, of witnesses and evidence.
(5) (i) 1. The court shall grant the request for relief unless the court determines that the isolation or quarantine directive is necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent.
2. If feasible, in making a determination under this subparagraph, the court may consider the means of transmission, the degree of contagion, and, to the extent possible, the degree of public exposure to the disease.
(ii) 1. An order authorizing the isolation or quarantine issued under this paragraph shall:
A. Identify the isolated or quarantined individual or group of individuals by name or shared characteristics;
B. Specify factual findings warranting isolation or quarantine; and
C. Except as provided in subsubparagraph 2 of this subparagraph, be in writing and given to the individual or group of individuals.
2. If the court determines that the notice required in subsubparagraph 1C of this subparagraph is impractical because of the number of individuals or geographical areas affected, the court shall ensure that the affected individuals are fully informed of the order using the best possible means available.
(iii) An order authorizing isolation or quarantine is effective for a period not to exceed 30 days.
(iv) 1. Prior to the expiration of an order, the Secretary or designated official may move to continue isolation or quarantine for subsequent 30–day periods.
2. The court shall base its decision on the standards provided under this paragraph.
(6) In the event that an individual cannot personally appear before the court, proceedings may be conducted:
(i) By an individual’s authorized representative; and
(ii) Through any means that allow other individuals to fully participate.
(7) In any proceedings brought under this subsection, the court may order the consolidation of individual claims into group claims where:
(i) The number of individuals involved or affected is so large as to render individual participation impractical;
(ii) There are questions of law or fact common to the individual claims or rights to be determined;
(iii) The group claims or rights to be determined are typical of the affected individual’s claims or rights; or
(iv) The entire group will be adequately represented in the consolidation.
(c) The court shall appoint counsel to represent individuals or a group of individuals who are not otherwise represented by counsel.
(d) The Supreme Court of Maryland shall develop emergency rules of procedure to facilitate the efficient adjudication of any proceedings brought under this section.
(e) It shall be unlawful for any public or private employer to discharge an employee who is under an order of isolation or quarantine or because of such an order.
Md. Code, Health - General § 18-907
(a) (1) A person may not knowingly and willfully fail to comply with any order, regulation, or directive issued in accordance with § 18-905 of this subtitle.
(2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $3,000 or both.
(b) If a health care facility fails to comply with an order, regulation, or directive issued under § 18-903 or § 18-904 of this subtitle, the Secretary may impose a civil penalty not to exceed $3,000 for each offense.
(c) If a health care practitioner fails to comply with an order, regulation, or directive issued under § 18-903 or § 18-904 of this subtitle, the Secretary may request the appropriate licensing board to take disciplinary action against the health care practitioner, including:
(1) Placing the licensee or certificate holder on probation;
(2) Suspending or revoking the license or certificate holder; or
(3) Imposing a civil penalty not to exceed $3,000 for each offense.
(d) A health care provider acting in good faith and in accordance with a catastrophic health emergency disease surveillance and response program is immune from civil or criminal liability related to those actions, unless the health care provider acts with willful misconduct.
Md. Code, Health - General § 18-908
(a) On or before December 31, 2002, the Secretary shall submit a report to the Governor and to the General Assembly in accordance with § 2–1257 of the State Government Article regarding any plans, procedures, or protocols developed under this subtitle or any recommendations for additional legislation that may be necessary to respond to a catastrophic health emergency.
(b) The Secretary shall update the report required under subsection (a) of this section every 3 years or when any plan, procedure, or protocol developed under this subtitle or any other provision of this subtitle is used in order to detect a catastrophic health emergency.
Md. Code, Health - General § 18-1001
As funds are available, the Department shall:
(1) Conduct a needs assessment to determine the incidence of the hepatitis B virus and hepatitis C virus in the State;
(2) Initiate a statewide public awareness campaign targeting vulnerable populations and health care providers in the State to urge hepatitis B virus and hepatitis C virus education and testing;
(3) Coordinate with other units of State government, including the Department of Public Safety and Correctional Services and the Veterans’ Administration, to activate a hepatitis C virus plan for the education, testing, and treatment of the populations within the jurisdiction of the units;
(4) Solicit funding from the private sector and units of federal, State, and local government for hepatitis B virus and hepatitis C virus outreach;
(5) Provide funding for hepatitis C virus pilot programs, which may include programs in methadone clinics or programs for the Department of Correctional Services population;
(6) Review and recommend initiatives to promote advocacy, education, physician outreach, and awareness of the hepatitis B virus and hepatitis C virus;
(7) Assess the feasibility of creating a Hepatitis C Virus Administration in the Department and examine methods to maximize existing resources to raise awareness of the hepatitis C virus;
(8) Implement the 2005 Report of the Hepatitis C Advisory Council;
(9) Coordinate with the Maryland Office of Minority Health and Health Disparities to develop a hepatitis B virus plan and a hepatitis C virus plan for the education, testing, and treatment of high risk populations and ethnic and racial populations who are affected disproportionately by the hepatitis B and hepatitis C viruses, including the Asian population and African immigrants;
(10) Develop a plan to increase the availability of hepatitis B virus vaccinations in the State, in accordance with recommendations from the Centers for Disease Control and Prevention;
(11) Develop recommendations to improve the awareness and the affordability of medications for treating the hepatitis C virus; and
(12) Collaborate with the Maryland Insurance Administration to make recommendations regarding insurance coverage for the treatment of the hepatitis C virus.
Md. Code, Health - General § 18-1002
On or before December 1, 2006, and annually thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee and the House Health and Government Operations Committee on the activities of the Department in implementing § 18–1001 of this subtitle.
Md. Code, Health - General § 18-1101
(a) In this subtitle the following words have the meanings indicated.
(b) “Fund” means the Academic Health Center Immunotherapy Research Fund.
(c) “Statewide academic health center” means:
(1) The University of Maryland Medical System Corporation, the University of Maryland Medical School, and the University of Maryland, Baltimore Campus; or
(2) The Johns Hopkins University and the Johns Hopkins Health Systems.
Md. Code, Health - General § 18-1102
(a) There is an Academic Health Center Immunotherapy Research Fund.
(b) The purpose of the Fund is to provide matching grants to statewide academic health centers for immunotherapy research.
(c) The Secretary shall administer the Fund.
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e) The Fund consists of:
(1) Money appropriated in the State budget to the Fund; and
(2) Any other money from any other source accepted for the benefit of the Fund.
(f) (1) The Fund may be used only for immunotherapy research.
(2) To qualify for a grant from the Fund, a statewide academic health center must dedicate funding from other sources to be used for the purpose described under subsection (b) of this section.
(3) The amount of a grant awarded from the Fund may not exceed the amount of funding dedicated by the statewide academic health center under paragraph (2) of this subsection.
(g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2) Any interest earnings of the Fund shall be credited to the General Fund of the State.
(h) Expenditures from the Fund may be made only in accordance with the State budget.
(i) Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated to a statewide academic health center.
Md. Code, Health - General § 18-1201
(a) In this subtitle the following words have the meanings indicated.
(b) “Advisory Committee” means the Parkinson’s Disease Registry Advisory Committee.
(c) “Parkinson’s disease” means a chronic and progressive disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes in the area of the brain called the basal ganglia, characterized by tremors at rest, slow movements, muscle rigidity, stooped posture, and unsteady or shuffling gait.
Md. Code, Health - General § 18-1202
There is a Parkinson’s Disease Registry Advisory Committee in the Department.
Md. Code, Health - General § 18-1203
(a) The Advisory Committee shall:
(1) Assist in the development and implementation of a State Parkinson’s Disease Registry;
(2) Determine what data shall be collected and be stored in a State Parkinson’s Disease Registry and the methods to ensure the privacy and confidentiality of data collected and stored in the registry;
(3) Advise the Department on Parkinson’s disease and maintaining a State Parkinson’s Disease Registry; and
(4) Consult with entities that may be able to collect data and work in partnership with the federal Centers for Disease Control and Prevention to aid the federal Centers for Disease Control and Prevention in creating a national Parkinson’s Disease Registry.
(b) Entities that may be consulted under subsection (a)(4) of this section include:
(1) The State–designated health information exchange;
(2) Nonprofit organizations; and
(3) Colleges or universities.
(c) (1) The Secretary shall appoint individuals to serve on the Advisory Committee, including:
(i) A neurologist;
(ii) A movement disorder specialist;
(iii) A primary care provider;
(iv) A physician informaticist;
(v) A patient with Parkinson’s disease;
(vi) A public health professional;
(vii) A population health researcher familiar with disease registries;
(viii) A Parkinson’s disease researcher; and
(ix) Any other individuals the Secretary determines are necessary.
(2) The Secretary shall establish:
(i) The duration of term limits for members of the Advisory Committee;
(ii) Rules and procedures for conducting business of the Advisory Committee; and
(iii) Any other rules necessary for the Advisory Committee to function effectively.
(d) Beginning July 1, 2023, the Advisory Committee shall meet at least quarterly.
Md. Code, Health - General § 18-1204
(a) The Department, in collaboration with the State–designated health information exchange, shall establish and maintain a publicly accessible website that has the following information in a downloadable format:
(1) The incidence of Parkinson’s disease in the State; and
(2) To the extent possible, the incidence of Parkinson’s disease disaggregated based on:
(i) Age, including age of diagnosis;
(ii) Gender;
(iii) Sex;
(iv) Race;
(v) Ethnicity; and
(vi) Cases by county.
(b) The website required under subsection (a) of this section shall:
(1) Include the data available for the 5–year period ending on September 30, 2023; and
(2) Be updated on or before January 1 each year, to include any newly available data.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026