2013 Maryland Code
HEALTH - GENERAL
§ 18-336 - Testing

§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 facility” has the same meaning stated in § 18-338.2 of this subtitle.

(4) “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 informed consent from the individual after:

(i) Informing the individual that an HIV test will be administered; and

(ii) Advising the individual of the right to refuse the HIV test without penalty;

(2) Document in the medical record the provision of informed consent; and

(3) Provide the individual with pretest counseling as provided in regulations adopted by the Department.

(c) Pretest counseling may be provided in writing, verbally, by video, or a combination of these strategies as appropriate based on the individual’s informational needs and testing history.

(d) (1) If the HIV test is ordered at a location that is not a health care facility, informed consent shall be in writing and signed by the individual on an informed consent for HIV testing document that is approved by the Department.

(2) The informed consent for HIV testing document shall be distinct and separate from all other consent forms.

(3) A patient identifying number obtained from an anonymous and confidential test site which is approved by the Department may be evidence of a patient’s informed consent in lieu of a patient’s signature.

(e) 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.

(f) If the individual is unable to give informed consent, substitute consent may be given under § 5-605 of this article.

(g) A physician or physician’s designee who obtains a 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 result; and

(2) If the test is positive:

(i) Provide a referral for treatment and supportive services;

(ii) Counsel the individual to inform all sexual and needle-sharing partners of the individual’s positive HIV status;

(iii) Offer to assist in notifying the individual’s sexual and needle-sharing partners or refer the individual to the local health officer to assist the individual with notifying the individual’s sexual and needle-sharing partners; and

(iv) If necessary, take action appropriate to comply with § 18-337 of this subtitle.

(h) Local health officers shall make available to health care providers in their jurisdiction information on referral resources for an individual with an HIV positive status, including counseling, testing, needs assessment, treatment, and support services.