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Statutes Text

Article - Criminal Procedure




§11–1008.    IN EFFECT

    // EFFECTIVE UNTIL SEPTEMBER 30, 2022 PER CHAPTER 431 OF 2019 //

    (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 Pilot Program for Preventing HIV Infection for Rape Victims.

        (2)    The purpose of the pilot 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, Youth, and Victim Services shall administer the pilot program.

    (c)    (1)    To accomplish the purpose of the pilot 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.    subject to the limitation established under subparagraph (iv) of this paragraph, the physician, qualified health care provider, or hospital providing the treatment or follow–up care is entitled to be paid by the Criminal Injuries Compensation Board as provided under Subtitle 8 of this title for the costs of providing the services.

            (iv)    The total amount paid to physicians, qualified health care providers, and hospitals from the Criminal Injuries Compensation Board under subparagraph (iii) of this paragraph may not exceed $750,000 annually.

    (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, 2021, the Governor’s Office of Crime Prevention, Youth, and Victim Services 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 pilot program, including:

        (1)    the number of patients that qualified to receive postexposure prophylaxis under the pilot 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 pilot program.



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