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<section article="gcp" article_name="Criminal Procedure" number="11-110.1" title_number="11" title_name="Victims and Witnesses" subtitle_number="1" subtitle_name="General Provisions">
  <level label="a">
    <text>In this section, “health care provider” has the meaning stated in § 18–336 of the Health – General Article.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>A circuit court judge or a District Court judge may issue an emergency order to obtain an oral swab from a person to be tested for the presence of HIV whenever it is made to appear to a judge, by application as described in paragraph (2) of this subsection, that there is probable cause to believe that the person has caused prohibited exposure to a victim.</text>
    </level>
    <level label="2">
      <text>An application for an emergency order shall be:</text>
      <level label="i">
        <text>made as soon as possible after the alleged prohibited exposure, and in no event later than 72 hours after the alleged prohibited exposure;</text>
      </level>
      <level label="ii">
        <text>in writing, signed and sworn to by the applicant, and accompanied by an affidavit that sets forth the basis to believe that the person from whom an oral swab is requested has caused a prohibited exposure to a victim;</text>
      </level>
      <level label="iii">
        <text>sealed; and</text>
      </level>
      <level label="iv">
        <text>subject to rules developed by the Supreme Court of Maryland.</text>
      </level>
    </level>
    <level label="3">
      <text>An emergency order issued under this subsection shall meet the requirements under § 1–203 of this article.</text>
    </level>
    <level label="4">
      <text>The Supreme Court of Maryland may adopt rules to carry out the requirements of this subsection.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A law enforcement officer who has obtained an oral swab from a person pursuant to an emergency order issued in accordance with this section shall deliver the oral swab to a local health official or health care provider to be tested for the presence of HIV.</text>
    </level>
    <level label="2">
      <text>A test for the presence of HIV shall be immediately performed on the sample.</text>
    </level>
  </level>
  <level label="d">
    <text>After receiving the results of a test conducted under subsection (c) of this section, the local health officer or health care provider immediately shall provide the results to:</text>
    <level label="1">
      <text>the victim or victim’s representative; and</text>
    </level>
    <level label="2">
      <text>the person from whom the oral swab was taken.</text>
    </level>
  </level>
  <level label="e">
    <text>The results of a test conducted under subsection (c) of this section are:</text>
    <level label="1">
      <text>subject to the disclosure restriction in § 11–114 of this subtitle; and</text>
    </level>
    <level label="2">
      <text>not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.</text>
    </level>
  </level>
  <level label="f">
    <text>The Maryland Department of Health shall adopt regulations to carry out the requirements of subsections (c) through (g) of this section.</text>
  </level>
  <level label="g">
    <text>A health care provider that offers the immediate testing of a sample under subsection (c) of this section shall adopt procedures to meet the requirements under this section.</text>
  </level>
</section>
