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2007 Laws of Maryland
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Ch. 182
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(e) A physician or physician's designee who obtains a positive result from an
HIV antibody test conducted in accordance with the provisions of subsection (b) of this
section shall:
(1) Notify the individual from whom the fluid or tissue sample was
obtained of the positive result;
(2) Provide the individual with a copy of the Department's publication
describing available counseling services;
(3) Counsel the individual to inform all sexual and needle-sharing
partners of the individual's positive HIV status;
(4) Offer to assist in notifying the individual's sexual and
needle-sharing partners; and
(5) If necessary, take action appropriate to comply with § 18-337 of
this subtitle.
(f) The informed consent [document] FOR HIV DIAGNOSTIC TESTING shall
be distinct [and separate] from all other [consent forms] CONSENTS.
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(g) A patient identifying number obtained from an anonymous [and
confidential test] site which is approved by the Department of Health and Mental
Hygiene may be evidence of a patient's informed consent in lieu of a patient's
signature.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) In consultation with HIV infected patients, AIDS advocacy organizations,
and other stakeholders, the Department of Health and Mental Hygiene shall review
test counseling requirements in health care settings. The Department shall adopt or
revise the regulations that address these requirements.
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(a) The AIDS Administration shall convene a workgroup that includes HIV
infected individuals, HIV/AIDS advocacy organizations, HIV service providers, and
other stakeholders to review and make recommendations regarding the Centers for
Disease Control and Prevention guidelines regarding HIV/AIDS, including the
guidelines relating to pre- and post-test counseling and written informed consent.
The workgroup shall review and consider best practices and research and data
regarding treatment for HIV/AIDS.
(b) The Department of Health and Mental Hygiene workgroup shall report to
the Governor and the General Assembly on or before January 1, 2008, in accordance
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- 1410 -
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