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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