Md. Code Regs. 10.18.02.08

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.18.02.08 - Responsibility of Health Officer

A. This regulation establishes requirements for follow-up by the health officer of a report of HIV or AIDS or newborn HIV exposure or laboratory report of HIV detection, HIV viral load, CD4+ cell count or percentage, or HIV genotype sequence.

B. This regulation does not supplant or otherwise modify the:

(1) Physician's obligation to report a case of HIV or AIDS or newborn HIV exposure under Health-General Article, §18-201.1, Annotated Code of Maryland, and Regulation .04 of this chapter;

(2) Clinical or infection control practitioner's obligation to report a case of HIV or AIDS under Health-General Article, §18-202.1, Annotated Code of Maryland, and Regulation .05 of this chapter; and

(3) Laboratory director's obligation to report a test result of HIV detection, HIV viral load, CD4+ cell count or percentage, or HIV genotype sequence under Health-General Article, § 18-205, Annotated Code of Maryland, and Regulation .06 of this chapter.

C. Upon receipt of a report from a physician pursuant to Regulation .04 of this chapter, a clinical or infection control practitioner pursuant to Regulation .05 of this chapter, the health officer shall:

(1) Determine whether the case of HIV, the case of AIDS, or the newborn HIV exposure has been reported previously;

(2) Complete the case investigation if the patient has HJV or AIDS or is a newborn HIV exposure and the case of HIV or the case of AIDS or the newborn HIV exposure has not been reported previously; and

(3) Submit the HIV/AIDS case report as set forth in Health-General Article, 18-207, Annotated Code of Maryland, to the Department if the case of HIV or the case of AIDS or the newborn HIV exposure has not been reported previously

(4) Take action as specified in COMAR 10.18.04.

D. Upon receipt of a test result report from a laboratory director pursuant to Regulation . 06 of this chapter, the health officer shall:

(1) Determine whether the report matches to a case of HIV, a case of AIDS, or a newborn HIV exposure that has been reported previously, and submit the report to the Department if the report matches;

(2) Complete a case investigation if the report indicates the patient has HIV or AIDS or is a newborn HIV exposure and the case of HIV or the case of AIDS or the newborn HIV exposure has not been reported previously;

(3) Submit the case report, as set forth in Health-General Article, § 18-207, Annotated Code of Maryland, to the Department if the case of HIV or the case of AIDS or the newborn HIV exposure has not been reported previously; and

(4) Retain nonmatching report for up to 4 years, rematching the report, not less than annually, to test result reports and to cases of HIV or cases of AIDS or newborn HIV exposures that had not been reported previously, to identify new matches, and submit the report to the Department if the report matches.

E. A health officer may not transmit to the Secretary information about a case of HIV or AIDS by facsimile or another electronic method unless directed by the Secretary to submit the information by electronic method.

Md. Code Regs. 10.18.02.08

Regulation .08 amended effective 43:5 Md. R. 385, eff.3/14/2016; amended effective 47:10 Md. R. 515, eff. 5/18/2020