Maryland Health - General Section 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.

      (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 shall be distinct and separate from all other consent forms.

      (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.