Md. Code Regs. 10.52.10.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.52.10.02 - Definitions

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.

Md. Code Regs. 10.52.10.02

Regulation .02 amended effective 45:9 Md. R. 462, eff. 5/7/2018