WES MOORE, Governor Ch. 752
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Chapter 752
(House Bill 119)
AN ACT concerning
Public Health – Giving Infants a Future Without Transmission (GIFT) Act
FOR the purpose of altering certain HIV and syphilis reporting and testing requirements
for hospitals and health care providers for pregnant women and newborns, including
by requiring that the pregnancy status of certain individuals be included in certain
reports and that certain health care providers submit certain blood samples to
medical laboratories; providing that certain documents related to certain HIV and
syphilis reports are not discoverable and are not admissible in evidence in any
criminal or administrative action; altering certain penalties related to the disclosure
of personal identifying health information acquired for the purpose of HIV and AIDS
reporting under certain provisions of law; and generally relating to testing and
reporting requirements for HIV and syphilis.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 18–201.1, 18–202.1, 18–215(e), 18–307, and 18–336
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
18–201.1.
(a) A [physician] HEALTH CARE PROVIDER who has diagnosed [a patient] AN
INDIVIDUAL under the [physician’s] HEALTH CARE PROVIDER ’S care with [human
immunodeficiency virus] HIV infection or acquired immunodeficiency syndrome according
to the current definition published in the [morbidity and mortality weekly report]
MORBIDITY AND MORTALITY WEEKLY REPORT by the Centers for Disease Control and
Prevention of the Department of Health and Human Services shall submit immediately a
report to the health officer for the county where the [physician] HEALTH CARE PROVIDER
cares for that [patient] INDIVIDUAL.
(b) The report shall:
(1) Be on the form that the Secretary provides;
(2) Identify the disease; Ch. 752 2024 LAWS OF MARYLAND
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(3) State the name, age, race, sex, and residence address of the [patient;
and] INDIVIDUAL;
(4) STATE THE PREGNANCY STATUS OF THE INDIVI DUAL, IF
APPLICABLE; AND
[(4)] (5) Be signed by the [physician] HEALTH CARE PROVIDER .
(c) (1) A [physician] HEALTH CARE PROVIDER shall submit a report as
described in subsection (b) of this section to the Secretary within 48 hours of [the]:
(I) THE birth of an infant whose mother has tested positive for [the
human immunodeficiency virus] HIV; AND
(II) A PREGNANT WOMAN TESTING POSITIVE FOR HIV, FOR THE
PURPOSE OF INTERVENT ION.
(2) If a newborn infant does not become HIV positive after 18 months from
the [date that the report required in paragraph (1) of this subsection was submitted]
INFANT’S DATE OF BIRTH , the Secretary shall have the newborn infant’s name removed
from the HIV registry.
(d) (1) All [physician] HEALTH CARE PROVIDER reports required under this
section are:
(i) Confidential and subject to Title 4, Subtitle 1 of this article; and
(ii) Not medical records under Title 4, Subtitle 3 of this article, but
are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article.
(2) The reports and any proceedings, records, or files relating to the reports
required under this section are not discoverable and are not admissible in evidence in any
civil action CRIMINAL, CIVIL, OR ADMINISTRATIVE AC TION.
(3) This subsection does not apply to a disclosure by the Secretary to
another governmental agency performing its lawful duties pursuant to State or federal law
where the Secretary determines the agency to whom the information is disclosed will
maintain the confidentiality of the disclosure.
18–202.1.
(a) In this section, “institution” includes:
(1) A hospital; WES MOORE, Governor Ch. 752
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(2) A nursing home;
(3) A hospice facility;
(4) A medical clinic in a correctional facility;
(5) An inpatient psychiatric facility; and
(6) An inpatient drug rehabilitation facility.
(b) When an institution has an individual in the care of the institution with a
diagnosis of [human immunodeficiency virus] HIV or acquired immunodeficiency
syndrome according to the current definition published in the [morbidity and mortality
weekly report] MORBIDITY AND MORTALITY WEEKLY REPORT by the Centers for
Disease Control and Prevention, a clinical or infection control practitioner shall submit a
report within 48 hours to the health officer for the county where the institution is located.
(c) The report shall:
(1) Be on the form that the Secretary provides;
(2) Identify the disease;
(3) State the name, age, race, sex, and residence address of the individual
with the disease;
(4) STATE THE PREGNANCY S TATUS OF THE INDIVID UAL, IF
APPLICABLE;
[(4)] (5) State the name of the administrative head of the institution; and
[(5)] (6) State the address of the institution.
(d) (1) All institution reports required under this section are:
(i) Confidential and subject to Title 4, Subtitle 1 of this article; and
(ii) Not medical records under Title 4, Subtitle 3 of this article, but
are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article.
(2) The reports and any proceedings, records, or files relating to the reports
required under this section are not discoverable and are not admissible in evidence in any
civil action CRIMINAL, CIVIL, OR ADMINISTRATIVE AC TION.
Ch. 752 2024 LAWS OF MARYLAND
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(3) This subsection does not apply to a disclosure by the Secretary to
another governmental agency performing its lawful duties in accordance with State or
federal law where the Secretary determines the agency to whom the information is
disclosed will maintain the confidentiality of the disclosure.
18–215.
(e) A health care provider or any other person, including an officer or employee of
a governmental unit, who knowingly and willfully discloses personal identifying health
information acquired for the purposes of HIV and AIDS reporting under § 18–201.1, §
18–202.1, § 18–205, or § 18–207 of this subtitle to any person who is not authorized to receive
personal identifying health information under this subtitle or otherwise in violation of this
subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding
[$1,000] $2,000 for the first offense and not exceeding [$5,000] $10,000 for each
subsequent conviction for a violation of any provision of this subtitle.
18–307.
(a) This section does not apply to a woman who objects to a standard serological
syphilis test because the test is against the religious beliefs and practices of the woman.
(b) (1) The [individual] HEALTH CARE PROVIDER attending a woman for
pregnancy shall submit to a medical laboratory:
(i) A blood sample taken from the woman at the time that the
[individual] HEALTH CARE PROVIDER first examines the woman; [and]
(ii) A blood sample taken from the woman [during the third
trimester of the pregnancy] IN THE THIRD TRIMEST ER AT:
1. THE PRENATAL VISIT AT 28 WEEKS OF GESTATION ; OR
2. THE FIRST PRENATAL VI SIT AFTER 28 WEEKS OF
GESTATION; AND
(III) 1. A BLOOD SAMPLE TAKEN F ROM THE WOMAN WHO
DELIVERS A LIVE BORN INFANT AT THE TIME O F DELIVERY; OR
2. A BLOOD SAMPLE TAKEN F ROM THE W OMAN WHO
DELIVERS A STILLBORN INFANT:
A. AT 20 WEEKS OF GESTATION O R LATER; OR
B. WEIGHING AT LEAST 500 GRAMS.
WES MOORE, Governor Ch. 752
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(2) The medical laboratory to which a blood sample is submitted shall do a
standard serological syphilis test that is approved by the Department.
(C) A HOSPITAL SHALL DETER MINE THE SYPHILIS SE ROLOGIC STATUS OF
THE MOTHER BEFORE DI SCHARGING THE NEWBOR N FOR THE PURPOSES O F
NEONATAL EVALUATION AND TREATMENT .
(D) THE DEPARTMENT MAY ADOPT RULES, REGULATIONS , AND STANDARDS
UNDER THIS SECTION.
18–336.
(a) (1) In this section the following words have the meanings indicated.
(2) “Health care facility” has the same meaning stated in § 18–338.2 of this
subtitle.
(3) “Health care provider” means a physician, nurse, or designee of a health
care facility.
(4) “HIV” means the human immunodeficiency virus that causes acquired
immune deficiency syndrome.
(b) (1) 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:
(i) Inform the individual verbally or in writing that HIV testing will
be performed on a specimen obtained from the individual unless the individual refuses HIV
testing;
(ii) Provide the individual verbal or written information or show a
video that includes an explanation of HIV infection and the meaning of positive and
negative test results;
(iii) Offer the individual an opportunity to ask questions and decline
HIV testing; and
(iv) If the individual refuses HIV testing, document in the medical
record the individual’s decision.
(2) (i) Consent for HIV testing shall be included in a patient’s general
informed consent for medical care in the same category as other screening and diagnostic
tests.
Ch. 752 2024 LAWS OF MARYLAND
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(ii) Except as otherwise provided in this section, a health care
provider may not be required to obtain consent for HIV testing using a separate consent
form.
(3) A health care provider shall make available to individuals for whom
HIV testing is performed easily understood informational materials in the languages of the
commonly encountered populations of the health care provider.
(C) UNLESS A PATIENT DECL INES SUBJECT TO SUBSECTION (B) OF THIS
SECTION, A HEALTH CARE PROVID ER SHALL OBTAIN A FL UID OR TISSUE SAMPLE
FOR THE PURPOSE OF T ESTING THE FLUID OR TISSUE FOR THE PRESE NCE OF HIV
INFECTION FROM :
(1) THE BODY OF A A PREGNANT WOMAN DURIN G DELIVERY; AND
(2) A NEWBORN WHEN THE PRE GNANT WOMAN ’S HIV STATUS IS
UNKNOWN.
[(c)] (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.
[(d)] (E) An individual’s refusal to undergo an HIV test or a positive test result
may not be used as the sole basis by an institution or laboratory to deny services or
treatment.
[(e)] (F) If the individual is unable to give informed consent, substitute consent
may be given under § 5–605 of this article.
[(f)] (G) A health care provider who obtains a result from an HIV 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; WES MOORE, Governor Ch. 752
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(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.
[(g)] (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.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.