Sec. 10.18.02.09. Record Maintenance and Confidentiality

A. A person that submitted a report of HIV or AIDS or newborn HIV exposure shall make available to the health officer or the Secretary the information necessary to compile an HIV/AIDS case report, according to Regulations .04-.06 of this chapter.

B. Except for a designated anonymous HIV test site, a person that ordered the laboratory examination shall make available to the health officer or the Secretary the information necessary to compile an HIV/AIDS case report, according to Regulations .04 and .05 of this chapter, upon receipt of one of the following:

(1) A result on a test designed to detect in a sample the presence of HIV in accordance with Health-General Article, §18-207(b)(1), Annotated Code of Maryland, including negative results;

(2) A qualitative or quantitative HIV viral load test result, including undetectable;

(3) A CD4+ cell test result, count, or percentage in an individual not known to be HIV negative; or

(4) An HIV genotype sequence test result.

C. Confidentiality.

(1) A report required under this chapter is:

(a) Confidential;

(b) Not open to public inspection;

(c) Not a medical record under Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland; and

(d) Subject to the confidentiality requirements of Health-General Article, Title 4, Subtitle 1, Annotated Code of Maryland.

(2) The reports and any proceedings, records, or files relating to the reports required under this chapter are not discoverable and are not admissible in evidence in any civil action.

(3) Section C(1) of this regulation 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.