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Martin O'Malley, Governor
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Ch. 182
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(2005 Replacement Volume and 2006 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 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.
(c) Refusal to consent to the HIV antibody test or a positive test result may
not be used as the sole basis by an institution or laboratory to deny services or
treatment.
(d) If the individual is unable to give informed consent, substitute consent
may be given under § 5-605 of this article.
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- 1409 -
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