Ch. 789
LAWS OF MARYLAND
officers, or correctional officers does not provide adequate
protection to those persons who may have been exposed to the HIV
virus; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health - General
18-335.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(2) "HIV" MEANS THE HUMAN IMMUNODEFICIENCY VIRUS THAT
CAUSES ACQUIRED IMMUNE DEFICIENCY SYNDROME.
(3) "HEALTH CARE PROVIDER" MEANS A PERSON LICENSED OR
CERTIFIED UNDER THE HEALTH OCCUPATIONS ARTICLE PHYSICIAN, NURSE,
OR DESIGNEE OF A HEALTH CARE FACILITY.
(B) BEFORE OBTAINING A BLOOD SAMPLE FROM AN INDIVIDUAL FOR
THE PURPOSE OF TESTING THE BLOOD FOR THE PRESENCE OF HIV
INFECTION, A HEALTH CARE PROVIDER SHALL:
(1) INFORM THE INDIVIDUAL, IN LAYMAN'S TERMS:
(I) THAT THE INDIVIDUAL'S AUTHORIZATION IS
NECESSARY FOR TESTING;
(II) THAT A BLOOD SAMPLE OF THE INDIVIDUAL WILL
BE TESTED FOR HIV INFECTION;
(III) WHETHER THE RESULTS OF THE TEST MAY
BECOME A PERMANENT PART OF THE INDIVIDUAL'S MEDICAL RECORD;
(IV) WHETHER INSURANCE COMPANIES MAY HAVE
ACCESS TO THIS INFORMATION;
(V) THAT IF THE INDIVIDUAL IS FOUND TO TEST
POSITIVE FOR THE HIV INFECTION, THE RESULTS WILL BE DISCLOSED TO
THE INDIVIDUAL FROM WHOM THE BLOOD WAS OBTAINED;
(VI) THAT AGGREGATE RESULTS OF TESTS FOR
EVIDENCE OF HIV ARE REPORTED TO THE DEPARTMENT BY MEDICAL
LABORATORIES IN MARYLAND; AND
(VII) THE EXTENT TO WHICH RESULTS OF TESTS WILL
BE TREATED AS CONFIDENTIAL MEDICAL INFORMATION;
(2) OBTAIN WRITTEN INFORMED CONSENT FROM THE
INDIVIDUAL IN A FORMAT ON A UNIFORM HIV INFORMED CONSENT FORM
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