Maryland Code § CP-11-1008

Section CP-11-1008
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(a) (1) In this section the following words have the meanings indicated.
(2) "Child" means any individual under the age of 18 years.
(3) "HIV" means the human immunodeficiency virus that causes
acquired immune deficiency syndrome.
(4) "Physician" has the meaning stated in § 11-1007 of this subtitle.
(5) "Qualified health care provider" has the meaning stated in § 11-
1007 of this subtitle.
(6) "Sexual abuse" has the meaning stated in § 11-1007 of this
subtitle.
(b) (1) There is a Program for Preventing HIV Infection for Rape
Victims.
(2) The purpose of the program is to prevent HIV infection for victims
of an alleged rape or sexual offense or victims of alleged child sexual abuse.
(3) The Governor's Office of Crime Prevention and Policy shall
administer the program.
(c) (1) To accomplish the purpose of the program, a victim of an alleged
rape or sexual offense or a victim of alleged child sexual abuse shall be provided with
a full course of treatment and follow-up care for postexposure prophylaxis for the
prevention of HIV infection at the request of the victim and as prescribed by a health
care provider.

(2) (i) A victim who receives treatment under this subsection may
decline to provide health insurance information or submit personal information to a
payment assistance program if the victim believes that providing the information
would interfere with personal privacy or safety.
(ii) The physician, qualified health care provider, or hospital
providing a victim with treatment and follow-up care under paragraph (1) of this
subsection shall inform the victim of the victim's right to decline to provide health
insurance information or submit personal information to a payment assistance
program.
(iii) If a victim declines to provide health insurance information
or to submit personal information to a payment assistance program:
1. the treatment and follow-up care shall be provided
without charge to the victim; and
2. the physician, qualified health care provider, or
hospital providing the treatment or follow-up care is entitled to be paid by the
Governor's Office of Crime Prevention and Policy for the costs of providing the
services.
(d) (1) A physician or a qualified health care provider who examines a
victim of alleged child sexual abuse under the provisions of this section is immune
from civil liability that may result from the failure of the physician or qualified health
care provider to obtain consent from the child's parent, guardian, or custodian for the
examination or treatment of the child.
(2) The immunity provided under paragraph (1) of this subsection
extends to:
(i) any hospital with which the physician or qualified health
care provider is affiliated or to which the child is brought; and
(ii) any individual working under the control or supervision of
the hospital.
(e) On or before December 1, 2022, and every 2 years thereafter, the
Governor's Office of Crime Prevention and Policy shall report to the Governor and, in
accordance with § 2-1257 of the State Government Article, the General Assembly on
the operation and results of the program during the immediately preceding 2-year
period, including:

(1) the number of patients that qualified to receive postexposure
prophylaxis under the program;
(2) the number of patients that chose to receive postexposure
prophylaxis;
(3) the total amount reimbursed to providers for the postexposure
prophylaxis; and
(4) the cost of the postexposure prophylaxis treatment and follow-up
care provided under the program.

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