EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0119*
HOUSE BILL 119
J1 4lr0158
(PRE–FILED) CF SB 211
By: Chair, Health and Government Operations Committee (By Request –
Departmental – Health)
Requested: September 13, 2023
Introduced and read first time: January 10, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Giving Infants a Future Without Transmission (GIFT) Act 2
FOR the purpose of altering certain HIV and syphilis reporting and testing requirements 3
for hospitals and health care providers for pregnant women and newborns, including 4
by requiring that the pregnancy status of certain individuals be included in certain 5
reports and that certain health care providers submit certain blood samples to 6
medical laboratories; and generally relating to testing and reporting requirements 7
for HIV and syphilis. 8
BY repealing and reenacting, with amendments, 9
Article – Health – General 10
Section 18–201.1, 18–202.1, 18–307, and 18–336 11
Annotated Code of Maryland 12
(2023 Replacement Volume) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Health – General 16
18–201.1. 17
(a) A [physician] HEALTH CARE PROVIDER who has diagnosed [a patient] AN 18
INDIVIDUAL under the [physician’s] HEALTH CARE PROVIDER ’S care with [human 19
immunodeficiency virus] HIV infection or acquired immunodeficiency syndrome according 20
to the current definition published in the [morbidity and mortality weekly report] 21
MORBIDITY AND MORTALITY WEEKLY REPORT by the Centers for Disease Control and 22
Prevention of the Department of Health and Human Services shall submit immediately a 23 2 HOUSE BILL 119
report to the health officer for the county where the [physician] HEALTH CARE PROVIDER 1
cares for that [patient] INDIVIDUAL. 2
(b) The report shall: 3
(1) Be on the form that the Secretary provides; 4
(2) Identify the disease; 5
(3) State the name, age, race, sex, and residence address of the [patient; 6
and] INDIVIDUAL; 7
(4) STATE THE PREGNANCY S TATUS OF THE INDIVID UAL, IF 8
APPLICABLE; AND 9
[(4)] (5) Be signed by the [physician] HEALTH CARE PROVIDER . 10
(c) (1) A [physician] HEALTH CARE PROVIDER shall submit a report as 11
described in subsection (b) of this section to the Secretary within 48 hours of [the]: 12
(I) THE birth of an infant whose mother has tested positive for [the 13
human immunodeficiency virus] HIV; AND 14
(II) A PREGNANT WOMAN TESTI NG POSITIVE FOR HIV, FOR THE 15
PURPOSE OF INTERVENT ION. 16
(2) If a newborn infant does not become HIV positive after 18 months from 17
the [date that the report required in paragraph (1) of this subsection was submitted] 18
INFANT’S DATE OF BIRTH , the Secretary shall have the newborn infant’s name removed 19
from the HIV registry. 20
(d) (1) All [physician] HEALTH CARE PROVIDER reports required under this 21
section are: 22
(i) Confidential and subject to Title 4, Subtitle 1 of this article; and 23
(ii) Not medical records under Title 4, Subtitle 3 of this article, but 24
are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article. 25
(2) The reports and any proceedings, records, or files relating to the reports 26
required under this section are not discoverable and are not admissible in evidence in any 27
civil action. 28
(3) This subsection does not apply to a disclosure by the Secretary to 29
another governmental agency performing its lawful duties pursuant to State or federal law 30 HOUSE BILL 119 3
where the Secretary determines the agency to whom the information is disclosed will 1
maintain the confidentiality of the disclosure. 2
18–202.1. 3
(a) In this section, “institution” includes: 4
(1) A hospital; 5
(2) A nursing home; 6
(3) A hospice facility; 7
(4) A medical clinic in a correctional facility; 8
(5) An inpatient psychiatric facility; and 9
(6) An inpatient drug rehabilitation facility. 10
(b) When an institution has an individual in the care of the institution with a 11
diagnosis of [human immunodeficiency virus] HIV or acquired immunodeficiency 12
syndrome according to the current definition published in the [morbidity and mortality 13
weekly report] MORBIDITY AND MORTALITY WEEKLY REPORT by the Centers for 14
Disease Control and Prevention, a clinical or infection control practitioner shall submit a 15
report within 48 hours to the health officer for the county where the institution is located. 16
(c) The report shall: 17
(1) Be on the form that the Secretary provides; 18
(2) Identify the disease; 19
(3) State the name, age, race, sex, and residence address of the individual 20
with the disease; 21
(4) STATE THE PREGNANCY S TATUS OF THE INDIVID UAL, IF 22
APPLICABLE; 23
[(4)] (5) State the name of the administrative head of the institution; and 24
[(5)] (6) State the address of the institution. 25
(d) (1) All institution reports required under this section are: 26
(i) Confidential and subject to Title 4, Subtitle 1 of this article; and 27
4 HOUSE BILL 119
(ii) Not medical records under Title 4, Subtitle 3 of this article, but 1
are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article. 2
(2) The reports and any proceedings, records, or files relating to the reports 3
required under this section are not discoverable and are not admissible in evidence in any 4
civil action. 5
(3) This subsection does not apply to a disclosure by the Secretary to 6
another governmental agency performing its lawful duties in accordance with State or 7
federal law where the Secretary determines the agency to whom the information is 8
disclosed will maintain the confidentiality of the disclosure. 9
18–307. 10
(a) This section does not apply to a woman who objects to a standard serological 11
syphilis test because the test is against the religious beliefs and practices of the woman. 12
(b) (1) The [individual] HEALTH CA RE PROVIDER attending a woman for 13
pregnancy shall submit to a medical laboratory: 14
(i) A blood sample taken from the woman at the time that the 15
[individual] HEALTH CARE PROVIDER first examines the woman; [and] 16
(ii) A blood sample taken from the woman [during the third 17
trimester of the pregnancy] IN THE THIRD TRIMEST ER AT: 18
1. THE PRENATAL VISIT AT 28 WEEKS OF GESTATION ; OR 19
2. THE FIRST PRENATAL VI SIT AFTER 28 WEEKS OF 20
GESTATION; AND 21
(III) 1. A BLOOD SAMP LE TAKEN FROM THE WO MAN WHO 22
DELIVERS A LIVE BORN INFANT AT THE TIME O F DELIVERY; OR 23
2. A BLOOD SAMPLE TAKEN F ROM THE WOMAN WHO 24
DELIVERS A STILLBORN INFANT: 25
A. AT 20 WEEKS OF GESTATION O R LATER; OR 26
B. WEIGHING AT LEAST 500 GRAMS. 27
(2) The medical laboratory to which a blood sample is submitted shall do a 28
standard serological syphilis test that is approved by the Department. 29
HOUSE BILL 119 5
(C) A HOSPITAL SHALL DETER MINE THE SYPHILIS SE ROLOGIC STATUS OF 1
THE MOTHER BEFORE DI SCHARGING THE NEWBOR N FOR THE PU RPOSES OF 2
NEONATAL EVALUATION AND TREATMENT . 3
(D) THE DEPARTMENT MAY ADOPT RULES, REGULATIONS , AND STANDARDS 4
UNDER THIS SECTION . 5
18–336. 6
(a) (1) In this section the following words have the meanings indicated. 7
(2) “Health care facility” has the same meaning stated in § 18–338.2 of this 8
subtitle. 9
(3) “Health care provider” means a physician, nurse, or designee of a health 10
care facility. 11
(4) “HIV” means the human immunodeficiency virus that causes acquired 12
immune deficiency syndrome. 13
(b) (1) Except as provided in Title 11, Subtitle 1, Part II of the Criminal 14
Procedure Article or § 18–338.3 of this subtitle, before obtaining a fluid or tissue sample 15
from the body of an individual for the purpose of testing the fluid or tissue for the presence 16
of HIV infection, a health care provider shall: 17
(i) Inform the individual verbally or in writing that HIV testing will 18
be performed on a specimen obtained from the individual unless the individual refuses HIV 19
testing; 20
(ii) Provide the individual verbal or written information or show a 21
video that includes an explanation of HIV infection and the meaning of positive and 22
negative test results; 23
(iii) Offer the individual an opportunity to ask questions and decline 24
HIV testing; and 25
(iv) If the individual refuses HIV testing, document in the medical 26
record the individual’s decision. 27
(2) (i) Consent for HIV testing shall be included in a patient’s general 28
informed consent for medical care in the same category as other screening and diagnostic 29
tests. 30
(ii) Except as otherwise provided in this section, a health care 31
provider may not be required to obtain consent for HIV testing using a separate consent 32
form. 33 6 HOUSE BILL 119
(3) A health care provider shall make available to individuals for whom 1
HIV testing is performed easily understood informational materials in the languages of the 2
commonly encountered populations of the health care provider. 3
(C) UNLESS A PATIENT DECL INES, A HEALTH CARE PROVID ER SHALL 4
OBTAIN A FLUID OR TI SSUE SAMPLE FOR THE PURPOSE OF TE STING THE FLUID OR 5
TISSUE FOR THE PRESE NCE OF HIV INFECTION FROM : 6
(1) THE BODY OF A PREGNAN T WOMAN DURING DELIV ERY; AND 7
(2) A NEWBORN WHEN THE PRE GNANT WOMAN ’S HIV STATUS IS 8
UNKNOWN. 9
[(c)] (D) (1) If the HIV test is ordered at a location that is not a health care 10
facility, informed consent shall be in writing and signed by the individual on an informed 11
consent for HIV testing document that is approved by the Department. 12
(2) The informed consent for HIV testing document shall be distinct and 13
separate from all other consent forms. 14
(3) A patient identifying number obtained from an anonymous and 15
confidential test site which is approved by the Department may be evidence of a patient’s 16
informed consent in lieu of a patient’s signature. 17
[(d)] (E) An individual’s refusal to undergo an HIV test or a positive test result 18
may not be used as the sole basis by an institution or laboratory to deny services or 19
treatment. 20
[(e)] (F) If the individual is unable to give informed consent, substitute consent 21
may be given under § 5–605 of this article. 22
[(f)] (G) A health care provider who obtains a result from an HIV test conducted 23
in accordance with the provisions of subsection (b) of this section shall: 24
(1) Notify the individual from whom the fluid or tissue sample was 25
obtained of the result; and 26
(2) If the test is positive: 27
(i) Provide a referral for treatment and supportive services; 28
(ii) Counsel the individual to inform all sexual and needle–sharing 29
partners of the individual’s positive HIV status; 30
HOUSE BILL 119 7
(iii) Offer to assist in notifying the individual’s sexual and 1
needle–sharing partners or refer the individual to the local health officer to assist the 2
individual with notifying the individual’s sexual and needle–sharing partners; and 3
(iv) If necessary, take action appropriate to comply with § 18–337 of 4
this subtitle. 5
[(g)] (H) Local health officers shall make available to health care providers in 6
their jurisdiction information on referral resources for an individual with an HIV positive 7
status, including counseling, testing, needs assessment, treatment, and support services. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2024. 10