Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 52 - PREVENTIVE MEDICINE › Chapter 10.52.10 - HIV and Hepatitis C Testing of Persons Accused or Convicted, or Both, of Certain Crimes › Section 10.52.10.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "County" means Baltimore City or a
				  Maryland county.
(2) "Department"
				  means the Department of Health and Mental Hygiene.
(3)
											 Exposure.
(a) "Exposure " means one of the following:
(i) Percutaneous contact of a victim with
				  blood or body fluids of an offender;
(ii) Mucocutaneous contact of a victim with
				  blood or body fluids of an offender;
(iii) Open wound, including dermatitis,
				  exudative lesions, or chapped skin, contact of a victim with blood or body
				  fluids of an offender for a prolonged period; or
(iv) Intact skin contact of a victim with
				  large amounts of blood or body fluids of an offender for a prolonged
				  period.
(b) "Exposure"
				  includes a prohibited exposure as defined by Criminal Procedure Article, §
												11-107 '(e),
				  Annotated Code of Maryland.
(4) "Health officer" means the Baltimore City
				  Commissioner of Health or the health officer of a county.
(5) "HIV" means a human immunodeficiency
				  virus that causes acquired immune deficiency syndrome.
(6) "Intact skin contact of a victim with
				  large amounts of blood or body fluids of an offender for a prolonged period"
				  means that a large volume of blood or bloody body fluid of an offender has been
				  in direct contact with unbroken skin of a victim for at least 60
				  minutes.
(7) "Local health
				  department" means the official public health agency in Baltimore City or a
				  Maryland county.
(8) "Mucocutaneous
				  contact of a victim with blood or body fluids of an offender" means that blood
				  or bloody body fluid of an offender has splashed into the eye, mouth, or nose
				  of a victim.
(9) "Offender" means
				  one of the following:
(a) An individual
				  convicted of an offense and ordered by a court to furnish a sample to be tested
				  for the presence of HIV or hepatitis C under Criminal Procedure Article,
				  §§ 11-107-11 -117, Annotated Code of Maryland;
(b) An individual being granted probation
				  before judgment and ordered by a court to furnish a sample to be tested for the
				  presence of HIV or hepatitis C under Criminal Procedure Article, §§
				  11-107-11 -117, Annotated Code of Maryland; or
(c) An individual charged with an offense and
				  ordered by a court to furnish a sample to be tested for the presence of HIV or
				  hepatitis C under Criminal Procedure Article, §§ 11-107-11 -117,
				  Annotated Code of Maryland.
(10) "Offense" means
(a) Any prohibited activity involving a
				  sexual act that includes:
(i) Contact between
				  the penis and the vulva or the penis and the anus, including penetration
				  however slight; or
(ii) Contact
				  between the mouth and the penis, the mouth and the vulva, or the mouth and the
				  anus; or
(b) Any other
				  any criminal offense or delinquent act the commission of which may have caused
				  or resulted in an exposure.
(11) "Open wound contact of a victim with
				  blood or body fluids of an offender for a prolonged period" means that blood or
				  bloody body fluid of an offender has contacted an already existing open wound,
				  sore, or chapped or non-intact skin of a victim for at least 5
				  minutes.
(12) "Percutaneous contact
				  of a victim with blood or body fluids of an offender" means that a sharp object
				  has penetrated the skin of a victim and allowed the blood or bloody body fluid
				  of an offender to enter the victim's body.
(13) Residence.
(a) "Residence" means the location where an
				  individual normally resides.
(b)
				  "Residence" includes a facility where an offender is incarcerated, operated by
				  the Department of Public Safety and Correctional Services or a Maryland
				  county.
(14) "Secretary"
				  means the Secretary of Health.
(15)
				  Victim.
(a) "Victim" means an individual,
				  other than the offender, injured during the commission of an offense.
(b) "Victim" includes:
(i) Parent of a victim who is a minor;
(ii) Legal guardian of a victim;
(iii) Individual authorized to
				  give surrogate consent for the victim under Health-General Article,
				  §5-605, Annotated Code of Maryland; and
(iv) Victim as defined by Criminal Procedure
				  Article, §
													11-107(f),
				  Annotated Code of Maryland.