WILLIAM DONALD SCHAEFER, Governor

WHEREAS, The current law on notification of fire fighters,
emergency medical technicians, rescue squadmen, law enforcement
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;

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