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