WILLIAM DONALD SCHAEFER, Governor

(IV)  A TISSUE BANK; OR

(V)  THE OFFICE OF 1 OR MORE PHYSICIANS.

(4)  "LABORATORY" MEANS A PUBLIC LABORATORY, MEDICAL
LABORATORY, OR MEDICAL TEST UNIT AS THOSE TERMS ARE DEFINED IN
TITLE 17 OF THIS ARTICLE.

(5)  "PHYSICIAN" MEANS A PERSON LICENSED TO PRACTICE
UNDER TITLE 14 OF THE HEALTH OCCUPATIONS ARTICLE.

(6)  (I) "TISSUE BANK" MEANS AN ESTABLISHMENT THAT
OBTAINS, STORES, PROCESSES, DISTRIBUTES, OR SELLS HUMAN BLOOD OR
OTHER HUMAN TISSUE FOR USE IN THE HUMAN BODY.

(II) "TISSUE BANK" INCLUDES A BLOOD BANK OR
SPERM BANK.

(B)   (1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS
SUBSECTION, AN INSTITUTION THAT OBTAINS OR PROCESSES SPERM SEMEN,
BLOOD, OR TISSUE SHALL SEND THE SPERM SPECIMEN TO A LABORATORY
APPROVED BY THE DEPARTMENT TO TEST FOR HIV. OBTAIN AND SEND A
BLOOD SAMPLE FROM EACH POTENTIAL DONOR OF SEMEN, BLOOD, OR TISSUE
TO A LABORATORY APPROVED BY THE DEPARTMENT TO TEST FOR HIV
ANTIBODIES.

(2) BEFORE OBTAINING A BLOOD SAMPLE FROM A POTENTIAL
SEMEN, BLOOD, OR TISSUE DONOR THE INSTITUTION SHALL:

(I)  INFORM THE POTENTIAL DONOR, IN LAYMAN'S
TERMS, THAT A BLOOD SAMPLE OF THE DONOR WILL BE TESTED FOR HIV
ANTIBODIES AND IF THE DONOR'S BLOOD SAMPLE TESTS POSITIVE FOR HIV
ANTIBODIES THE RESULT WILL BE REPORTED TO THE DEPARTMENT; AND

(II)  OBTAIN WRITTEN CONSENT FROM THE POTENTIAL
DONOR ON A FORM PROVIDED BY THE DEPARTMENT FOR THE ADMINISTRATION
OF THE HIV ANTIBODY TEST AND FOR THE DISCLOSURE OF A POSITIVE
TEST RESULT TO THE DEPARTMENT.

(C)  AN INSTITUTION THAT OBTAINS A POSITIVE HIV ANTIBODY
TEST RESULT UNDER SUBSECTION (B) OF THIS SECTION SHALL:

(1)  NOTIFY THE POTENTIAL DONOR FROM WHOM THE BLOOD
SAMPLE WAS OBTAINED OF THE POSITIVE RESULT;

(2)  INFORM THE INDIVIDUAL OF AVAILABLE COUNSELING;
AND

(3)    REPORT THE RESULT TO THE DEPARTMENT ON THE FORM
THE DEPARTMENT PROVIDES.

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