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Martin O'Malley, Governor
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Ch. 183
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(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.
(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
and streamline the regulations relating to the pre-HIV test counseling and post HIV
test counseling requirements testing and counseling procedures 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
with § 2-1246 of the State Government Article, on the changes recommended to be
made in regulations of the Department any recommendations of the workgroup under
subsection (a) of this section.
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- 1413-
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