ROBERT L. EHRLICH, JR., Governor                             Ch. 143

Section 18-336(b) and 18-338.1(b)

Annotated Code of Maryland

(2000 Replacement Volume and 2002 Supplement)

BY repealing and reenacting, without amendments,
Article - Health - General
Section 18-338.1(c)
Annotated Code of Maryland
(2000 Replacement Volume and 2002 Supplement)

BY adding to

Article - Health - General

Section 18-338.3

Annotated Code of Maryland

(2000 Replacement Volume and 2002 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.

(b) Except as provided in Title 11, Subtitle 1, Part II of the Criminal Procedure
Article OR § 18-338.3 OF THIS SUBTITLE, before obtaining a fluid or tissue sample from
the body of an individual for the purpose of testing the 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;

(ii) Information about a physician's duty to warn; and

(iii) Assistance in accessing health care available to an individual
who tests positive for the HIV infection.

18-338.1.

(b) [A] EXCEPT AS PROVIDED IN § 18-338.3 OF THIS SUBTITLE, A physician,
nurse, or designee of a health care facility shall, at the request of an exposed health
care provider, seek the informed consent of a patient to test a blood sample of the
patient for the presence of HIV when:

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