PARRIS N. GLENDENING, Governor                             Ch. 321

Approved May 9, 1995.

CHAPTER 321
(House Bill 1074)

AN ACT concerning

Health Care Provider - HIV Testing - Informed Consent

FOR the purpose of clarifying certain provisions of the law that require certain health
care providers to seek informed consent of a patient to test for the presence of
human immunodeficiency virus (HIV) under certain circumstances; and generally
relating to informed consent for testing for the presence of HIV.

BY repealing and reenacting, with amendments,
Article - Health - General
Section 18-336
Annotated Code of Maryland
(1994 Replacement Volume and 1994 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

18-336.

(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 physician, nurse, or designee of a health
care facility.

(b)     Except as provided in Article 27, § 765 of the Code, before obtaining a
[blood] FLUID OR TISSUE sample from THE BODY OF an individual for the purpose of
testing the [blood] FLUID OR TISSUE for the presence of HIV infection, a health care
provider shall:

(1)     Obtain written informed consent from the individual on a uniform HIV
informed consent form that the Department shall develop consistent with the
requirements of the Department as established by regulations adopted by the
Department; and

(2)     Provide the individual with pretest counseling, including:

(i) Education about HIV infection and methods for preventing
transmission;

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