MD
Maryland House Bill HB119

Maryland 2024 Regular Session

Maryland House Bill HB119 Compare Versions

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1- WES MOORE, Governor Ch. 752
21
3-– 1 –
4-Chapter 752
5-(House Bill 119)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0119*
810
9-Public Health – Giving Infants a Future Without Transmission (GIFT) Act
11+HOUSE BILL 119
12+J1 (4lr0158)
13+ENROLLED BILL
14+— Health and Government Operations/Finance —
15+Introduced by Chair, Health and Government Operations Committee (By Request
16+– Departmental – Health)
1017
11-FOR the purpose of altering certain HIV and syphilis reporting and testing requirements
12-for hospitals and health care providers for pregnant women and newborns, including
13-by requiring that the pregnancy status of certain individuals be included in certain
14-reports and that certain health care providers submit certain blood samples to
15-medical laboratories; providing that certain documents related to certain HIV and
16-syphilis reports are not discoverable and are not admissible in evidence in any
17-criminal or administrative action; altering certain penalties related to the disclosure
18-of personal identifying health information acquired for the purpose of HIV and AIDS
19-reporting under certain provisions of law; and generally relating to testing and
20-reporting requirements for HIV and syphilis.
18+Read and Examined by Proofreaders:
2119
22-BY repealing and reenacting, with amendments,
23- Article – Health – General
24- Section 18–201.1, 18–202.1, 18–215(e), 18–307, and 18–336
25- Annotated Code of Maryland
26- (2023 Replacement Volume)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2724
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
25+Sealed with the Great Seal and presented to the Governor, for his appr oval this
3026
31-Article – Health – General
27+_______ day of _______________ at ________________________ o’clock, ________M.
3228
33-18–201.1.
29+______________________________________________
30+Speaker.
3431
35- (a) A [physician] HEALTH CARE PROVIDER who has diagnosed [a patient] AN
36-INDIVIDUAL under the [physician’s] HEALTH CARE PROVIDER ’S care with [human
37-immunodeficiency virus] HIV infection or acquired immunodeficiency syndrome according
38-to the current definition published in the [morbidity and mortality weekly report]
39-MORBIDITY AND MORTALITY WEEKLY REPORT by the Centers for Disease Control and
40-Prevention of the Department of Health and Human Services shall submit immediately a
41-report to the health officer for the county where the [physician] HEALTH CARE PROVIDER
42-cares for that [patient] INDIVIDUAL.
32+CHAPTER ______
4333
44- (b) The report shall:
34+AN ACT concerning 1
4535
46- (1) Be on the form that the Secretary provides;
36+Public Health – Giving Infants a Future Without Transmission (GIFT) Act 2
4737
48- (2) Identify the disease; Ch. 752 2024 LAWS OF MARYLAND
38+FOR the purpose of altering certain HIV and syphilis reporting and testing requirements 3
39+for hospitals and health care providers for pregnant women and newborns, including 4
40+by requiring that the pregnancy status of certain individuals be included in certain 5
41+reports and that certain health care providers submit certain blood samples to 6
42+medical laboratories; providing that certain documents related to certain HIV and 7
43+syphilis reports are not discoverable and are not admissible in evidence in any 8
44+criminal or administrative action; altering certain penalties related to the disclosure 9
45+of personal identifying health information acquired for the purpose of HIV and AIDS 10
46+reporting under certain provisions of law; and generally relating to testing and 11
47+reporting requirements for HIV and syphilis. 12
4948
50-– 2 –
49+BY repealing and reenacting, with amendments, 13 2 HOUSE BILL 119
5150
52- (3) State the name, age, race, sex, and residence address of the [patient;
53-and] INDIVIDUAL;
5451
55- (4) STATE THE PREGNANCY STATUS OF THE INDIVI DUAL, IF
56-APPLICABLE; AND
52+ Article – Health – General 1
53+ Section 18–201.1, 18–202.1, 18–215(e), 18–307, and 18–336 2
54+ Annotated Code of Maryland 3
55+ (2023 Replacement Volume) 4
5756
58- [(4)] (5) Be signed by the [physician] HEALTH CARE PROVIDER .
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
58+That the Laws of Maryland read as follows: 6
5959
60- (c) (1) A [physician] HEALTH CARE PROVIDER shall submit a report as
61-described in subsection (b) of this section to the Secretary within 48 hours of [the]:
60+Article – Health – General 7
6261
63- (I) THE birth of an infant whose mother has tested positive for [the
64-human immunodeficiency virus] HIV; AND
62+18–201.1. 8
6563
66- (II) A PREGNANT WOMAN TESTING POSITIVE FOR HIV, FOR THE
67-PURPOSE OF INTERVENT ION.
64+ (a) A [physician] HEALTH CARE PROVIDER who has diagnosed [a patient] AN 9
65+INDIVIDUAL under the [physician’s] HEALTH CARE PROVIDER ’S care with [human 10
66+immunodeficiency virus] HIV infection or acquired immunodeficiency syndrome according 11
67+to the current definition published in the [morbidity and mortality weekly report] 12
68+MORBIDITY AND MORTALITY WEEKLY REPORT by the Centers for Disease Control and 13
69+Prevention of the Department of Health and Human Services shall submit immediately a 14
70+report to the health officer for the county where the [physician] HEALTH CARE PROVIDER 15
71+cares for that [patient] INDIVIDUAL. 16
6872
69- (2) If a newborn infant does not become HIV positive after 18 months from
70-the [date that the report required in paragraph (1) of this subsection was submitted]
71-INFANT’S DATE OF BIRTH , the Secretary shall have the newborn infant’s name removed
72-from the HIV registry.
73+ (b) The report shall: 17
7374
74- (d) (1) All [physician] HEALTH CARE PROVIDER reports required under this
75-section are:
75+ (1) Be on the form that the Secretary provides; 18
7676
77- (i) Confidential and subject to Title 4, Subtitle 1 of this article; and
77+ (2) Identify the disease; 19
7878
79- (ii) Not medical records under Title 4, Subtitle 3 of this article, but
80-are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article.
79+ (3) State the name, age, race, sex, and residence address of the [patient; 20
80+and] INDIVIDUAL; 21
8181
82- (2) The reports and any proceedings, records, or files relating to the reports
83-required under this section are not discoverable and are not admissible in evidence in any
84-civil action CRIMINAL, CIVIL, OR ADMINISTRATIVE AC TION.
82+ (4) STATE THE PREGNANCY S TATUS OF THE INDIVIDUAL, IF 22
83+APPLICABLE; AND 23
8584
86- (3) This subsection does not apply to a disclosure by the Secretary to
87-another governmental agency performing its lawful duties pursuant to State or federal law
88-where the Secretary determines the agency to whom the information is disclosed will
89-maintain the confidentiality of the disclosure.
85+ [(4)] (5) Be signed by the [physician] HEALTH CARE PROVIDER . 24
9086
91-18–202.1.
87+ (c) (1) A [physician] HEALTH CARE PROVIDER shall submit a report as 25
88+described in subsection (b) of this section to the Secretary within 48 hours of [the]: 26
9289
93- (a) In this section, “institution” includes:
90+ (I) THE birth of an infant whose mother has tested positive for [the 27
91+human immunodeficiency virus] HIV; AND 28
9492
95- (1) A hospital; WES MOORE, Governor Ch. 752
93+ (II) A PREGNANT WOMAN TESTI NG POSITIVE FOR HIV, FOR THE 29
94+PURPOSE OF INTERVENT ION. 30
95+ HOUSE BILL 119 3
9696
97-– 3 –
9897
99- (2) A nursing home;
98+ (2) If a newborn infant does not become HIV positive after 18 months from 1
99+the [date that the report required in paragraph (1) of this subsection was submitted] 2
100+INFANT’S DATE OF BIRTH , the Secretary shall have the newborn infant’s name removed 3
101+from the HIV registry. 4
100102
101- (3) A hospice facility;
103+ (d) (1) All [physician] HEALTH CARE PROVIDER reports required under this 5
104+section are: 6
102105
103- (4) A medical clinic in a correctional facility;
106+ (i) Confidential and subject to Title 4, Subtitle 1 of this article; and 7
104107
105- (5) An inpatient psychiatric facility; and
108+ (ii) Not medical records under Title 4, Subtitle 3 of this article, but 8
109+are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article. 9
106110
107- (6) An inpatient drug rehabilitation facility.
111+ (2) The reports and any proceedings, records, or files relating to the reports 10
112+required under this section are not discoverable and are not admissible in evidence in any 11
113+civil action CRIMINAL, CIVIL, OR ADMINISTRATIVE AC TION. 12
108114
109- (b) When an institution has an individual in the care of the institution with a
110-diagnosis of [human immunodeficiency virus] HIV or acquired immunodeficiency
111-syndrome according to the current definition published in the [morbidity and mortality
112-weekly report] MORBIDITY AND MORTALITY WEEKLY REPORT by the Centers for
113-Disease Control and Prevention, a clinical or infection control practitioner shall submit a
114-report within 48 hours to the health officer for the county where the institution is located.
115+ (3) This subsection does not apply to a disclosure by the Secretary to 13
116+another governmental agency performing its lawful duties pursuant to State or federal law 14
117+where the Secretary determines the agency to whom the information is disclosed will 15
118+maintain the confidentiality of the disclosure. 16
115119
116- (c) The report shall:
120+18–202.1. 17
117121
118- (1) Be on the form that the Secretary provides;
122+ (a) In this section, “institution” includes: 18
119123
120- (2) Identify the disease;
124+ (1) A hospital; 19
121125
122- (3) State the name, age, race, sex, and residence address of the individual
123-with the disease;
126+ (2) A nursing home; 20
124127
125- (4) STATE THE PREGNANCY S TATUS OF THE INDIVID UAL, IF
126-APPLICABLE;
128+ (3) A hospice facility; 21
127129
128- [(4)] (5) State the name of the administrative head of the institution; and
130+ (4) A medical clinic in a correctional facility; 22
129131
130- [(5)] (6) State the address of the institution.
132+ (5) An inpatient psychiatric facility; and 23
131133
132- (d) (1) All institution reports required under this section are:
134+ (6) An inpatient drug rehabilitation facility. 24
133135
134- (i) Confidential and subject to Title 4, Subtitle 1 of this article; and
136+ (b) When an institution has an individual in the care of the institution with a 25
137+diagnosis of [human immunodeficiency virus] HIV or acquired immunodeficiency 26
138+syndrome according to the current definition published in the [morbidity and mortality 27
139+weekly report] MORBIDITY AND MORTALITY WEEKLY REPORT by the Centers for 28
140+Disease Control and Prevention, a clinical or infection control practitioner shall submit a 29
141+report within 48 hours to the health officer for the county where the institution is located. 30
135142
136- (ii) Not medical records under Title 4, Subtitle 3 of this article, but
137-are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article.
143+ (c) The report shall: 31 4 HOUSE BILL 119
138144
139- (2) The reports and any proceedings, records, or files relating to the reports
140-required under this section are not discoverable and are not admissible in evidence in any
141-civil action CRIMINAL, CIVIL, OR ADMINISTRATIVE AC TION.
142- Ch. 752 2024 LAWS OF MARYLAND
143145
144-– 4 –
145- (3) This subsection does not apply to a disclosure by the Secretary to
146-another governmental agency performing its lawful duties in accordance with State or
147-federal law where the Secretary determines the agency to whom the information is
148-disclosed will maintain the confidentiality of the disclosure.
149146
150-18–215.
147+ (1) Be on the form that the Secretary provides; 1
151148
152- (e) A health care provider or any other person, including an officer or employee of
153-a governmental unit, who knowingly and willfully discloses personal identifying health
154-information acquired for the purposes of HIV and AIDS reporting under § 18–201.1, §
155-18–202.1, § 18–205, or § 18–207 of this subtitle to any person who is not authorized to receive
156-personal identifying health information under this subtitle or otherwise in violation of this
157-subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding
158-[$1,000] $2,000 for the first offense and not exceeding [$5,000] $10,000 for each
159-subsequent conviction for a violation of any provision of this subtitle.
149+ (2) Identify the disease; 2
160150
161-18–307.
151+ (3) State the name, age, race, sex, and residence address of the individual 3
152+with the disease; 4
162153
163- (a) This section does not apply to a woman who objects to a standard serological
164-syphilis test because the test is against the religious beliefs and practices of the woman.
154+ (4) STATE THE PREGNANCY S TATUS OF THE INDIVID UAL, IF 5
155+APPLICABLE; 6
165156
166- (b) (1) The [individual] HEALTH CARE PROVIDER attending a woman for
167-pregnancy shall submit to a medical laboratory:
157+ [(4)] (5) State the name of the administrative head of the institution; and 7
168158
169- (i) A blood sample taken from the woman at the time that the
170-[individual] HEALTH CARE PROVIDER first examines the woman; [and]
159+ [(5)] (6) State the address of the institution. 8
171160
172- (ii) A blood sample taken from the woman [during the third
173-trimester of the pregnancy] IN THE THIRD TRIMEST ER AT:
161+ (d) (1) All institution reports required under this section are: 9
174162
175- 1. THE PRENATAL VISIT AT 28 WEEKS OF GESTATION ; OR
163+ (i) Confidential and subject to Title 4, Subtitle 1 of this article; and 10
176164
177- 2. THE FIRST PRENATAL VI SIT AFTER 28 WEEKS OF
178-GESTATION; AND
165+ (ii) Not medical records under Title 4, Subtitle 3 of this article, but 11
166+are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article. 12
179167
180- (III) 1. A BLOOD SAMPLE TAKEN F ROM THE WOMAN WHO
181-DELIVERS A LIVE BORN INFANT AT THE TIME O F DELIVERY; OR
168+ (2) The reports and any proceedings, records, or files relating to the reports 13
169+required under this section are not discoverable and are not admissible in evidence in any 14
170+civil action CRIMINAL, CIVIL, OR ADMINISTRATIVE AC TION. 15
182171
183- 2. A BLOOD SAMPLE TAKEN F ROM THE W OMAN WHO
184-DELIVERS A STILLBORN INFANT:
172+ (3) This subsection does not apply to a disclosure by the Secretary to 16
173+another governmental agency performing its lawful duties in accordance with State or 17
174+federal law where the Secretary determines the agency to whom the information is 18
175+disclosed will maintain the confidentiality of the disclosure. 19
185176
186- A. AT 20 WEEKS OF GESTATION O R LATER; OR
177+18–215. 20
187178
188- B. WEIGHING AT LEAST 500 GRAMS.
189- WES MOORE, Governor Ch. 752
179+ (e) A health care provider or any other person, including an officer or employee of 21
180+a governmental unit, who knowingly and willfully discloses personal identifying health 22
181+information acquired for the purposes of HIV and AIDS reporting under § 18–201.1, § 23
182+18–202.1, § 18–205, or § 18–207 of this subtitle to any person who is not authorized to receive 24
183+personal identifying health information under this subtitle or otherwise in violation of this 25
184+subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding 26
185+[$1,000] $2,000 for the first offense and not exceeding [$5,000] $10,000 for each 27
186+subsequent conviction for a violation of any provision of this subtitle. 28
190187
191-– 5 –
192- (2) The medical laboratory to which a blood sample is submitted shall do a
193-standard serological syphilis test that is approved by the Department.
188+18–307. 29
194189
195- (C) A HOSPITAL SHALL DETER MINE THE SYPHILIS SE ROLOGIC STATUS OF
196-THE MOTHER BEFORE DI SCHARGING THE NEWBOR N FOR THE PURPOSES O F
197-NEONATAL EVALUATION AND TREATMENT .
190+ (a) This section does not apply to a woman who objects to a standard serological 30
191+syphilis test because the test is against the religious beliefs and practices of the woman. 31 HOUSE BILL 119 5
198192
199- (D) THE DEPARTMENT MAY ADOPT RULES, REGULATIONS , AND STANDARDS
200-UNDER THIS SECTION.
201193
202-18–336.
203194
204- (a) (1) In this section the following words have the meanings indicated.
195+ (b) (1) The [individual] HEALTH CARE PROVIDER attending a woman for 1
196+pregnancy shall submit to a medical laboratory: 2
205197
206- (2) “Health care facility” has the same meaning stated in § 18–338.2 of this
207-subtitle.
198+ (i) A blood sample taken from the woman at the time that the 3
199+[individual] HEALTH CARE PROVIDER first examines the woman; [and] 4
208200
209- (3) “Health care provider” means a physician, nurse, or designee of a health
210-care facility.
201+ (ii) A blood sample taken from the woman [during the third 5
202+trimester of the pregnancy] IN THE THIRD TRIMEST ER AT: 6
211203
212- (4) “HIV” means the human immunodeficiency virus that causes acquired
213-immune deficiency syndrome.
204+ 1. THE PRENATAL VISIT AT 28 WEEKS OF GESTATION ; OR 7
214205
215- (b) (1) Except as provided in Title 11, Subtitle 1, Part II of the Criminal
216-Procedure Article or § 18–338.3 of this subtitle, before obtaining a fluid or tissue sample
217-from the body of an individual for the purpose of testing the fluid or tissue for the presence
218-of HIV infection, a health care provider shall:
206+ 2. THE FIRST PRENATAL VI SIT AFTER 28 WEEKS OF 8
207+GESTATION; AND 9
219208
220- (i) Inform the individual verbally or in writing that HIV testing will
221-be performed on a specimen obtained from the individual unless the individual refuses HIV
222-testing;
209+ (III) 1. A BLOOD SAMPLE TAKEN F ROM THE WOMAN WHO 10
210+DELIVERS A LIVE BORN INFANT AT THE TIME O F DELIVERY; OR 11
223211
224- (ii) Provide the individual verbal or written information or show a
225-video that includes an explanation of HIV infection and the meaning of positive and
226-negative test results;
212+ 2. A BLOOD SAMPLE TAKEN F ROM THE W OMAN WHO 12
213+DELIVERS A STILLBORN INFANT: 13
227214
228- (iii) Offer the individual an opportunity to ask questions and decline
229-HIV testing; and
215+ A. AT 20 WEEKS OF GESTATION O R LATER; OR 14
230216
231- (iv) If the individual refuses HIV testing, document in the medical
232-record the individual’s decision.
217+ B. WEIGHING AT LEAST 500 GRAMS. 15
233218
234- (2) (i) Consent for HIV testing shall be included in a patient’s general
235-informed consent for medical care in the same category as other screening and diagnostic
236-tests.
237- Ch. 752 2024 LAWS OF MARYLAND
219+ (2) The medical laboratory to which a blood sample is submitted shall do a 16
220+standard serological syphilis test that is approved by the Department. 17
238221
239-– 6 –
240- (ii) Except as otherwise provided in this section, a health care
241-provider may not be required to obtain consent for HIV testing using a separate consent
242-form.
222+ (C) A HOSPITAL SHALL DETER MINE THE SYPHILIS SE ROLOGIC STATUS OF 18
223+THE MOTHER BEFORE DI SCHARGING THE NEWBOR N FOR THE PURPOSES O F 19
224+NEONATAL EVALUATION AND TREATMENT . 20
243225
244- (3) A health care provider shall make available to individuals for whom
245-HIV testing is performed easily understood informational materials in the languages of the
246-commonly encountered populations of the health care provider.
226+ (D) THE DEPARTMENT MAY ADOPT RULES, REGULATIONS , AND STANDARDS 21
227+UNDER THIS SECTION. 22
247228
248- (C) UNLESS A PATIENT DECL INES SUBJECT TO SUBSECTION (B) OF THIS
249-SECTION, A HEALTH CARE PROVID ER SHALL OBTAIN A FL UID OR TISSUE SAMPLE
250-FOR THE PURPOSE OF T ESTING THE FLUID OR TISSUE FOR THE PRESE NCE OF HIV
251-INFECTION FROM :
229+18–336. 23
252230
253- (1) THE BODY OF A A PREGNANT WOMAN DURIN G DELIVERY; AND
231+ (a) (1) In this section the following words have the meanings indicated. 24
254232
255- (2) A NEWBORN WHEN THE PRE GNANT WOMAN ’S HIV STATUS IS
256-UNKNOWN.
233+ (2) “Health care facility” has the same meaning stated in § 18–338.2 of this 25
234+subtitle. 26
257235
258- [(c)] (D) (1) If the HIV test is ordered at a location that is not a health care
259-facility, informed consent shall be in writing and signed by the individual on an informed
260-consent for HIV testing document that is approved by the Department.
236+ (3) “Health care provider” means a physician, nurse, or designee of a health 27
237+care facility. 28
238+ 6 HOUSE BILL 119
261239
262- (2) The informed consent for HIV testing document shall be distinct and
263-separate from all other consent forms.
264240
265- (3) A patient identifying number obtained from an anonymous and
266-confidential test site which is approved by the Department may be evidence of a patient’s
267-informed consent in lieu of a patient’s signature.
241+ (4) “HIV” means the human immunodeficiency virus that causes acquired 1
242+immune deficiency syndrome. 2
268243
269- [(d)] (E) An individual’s refusal to undergo an HIV test or a positive test result
270-may not be used as the sole basis by an institution or laboratory to deny services or
271-treatment.
244+ (b) (1) Except as provided in Title 11, Subtitle 1, Part II of the Criminal 3
245+Procedure Article or § 18–338.3 of this subtitle, before obtaining a fluid or tissue sample 4
246+from the body of an individual for the purpose of testing the fluid or tissue for the presence 5
247+of HIV infection, a health care provider shall: 6
272248
273- [(e)] (F) If the individual is unable to give informed consent, substitute consent
274-may be given under § 5–605 of this article.
249+ (i) Inform the individual verbally or in writing that HIV testing will 7
250+be performed on a specimen obtained from the individual unless the individual refuses HIV 8
251+testing; 9
275252
276- [(f)] (G) A health care provider who obtains a result from an HIV test conducted
277-in accordance with the provisions of subsection (b) of this section shall:
253+ (ii) Provide the individual verbal or written information or show a 10
254+video that includes an explanation of HIV infection and the meaning of positive and 11
255+negative test results; 12
278256
279- (1) Notify the individual from whom the fluid or tissue sample was
280-obtained of the result; and
257+ (iii) Offer the individual an opportunity to ask questions and decline 13
258+HIV testing; and 14
281259
282- (2) If the test is positive:
260+ (iv) If the individual refuses HIV testing, document in the medical 15
261+record the individual’s decision. 16
283262
284- (i) Provide a referral for treatment and supportive services; WES MOORE, Governor Ch. 752
263+ (2) (i) Consent for HIV testing shall be included in a patient’s general 17
264+informed consent for medical care in the same category as other screening and diagnostic 18
265+tests. 19
285266
286-– 7 –
267+ (ii) Except as otherwise provided in this section, a health care 20
268+provider may not be required to obtain consent for HIV testing using a separate consent 21
269+form. 22
287270
288- (ii) Counsel the individual to inform all sexual and needle–sharing
289-partners of the individual’s positive HIV status;
271+ (3) A health care provider shall make available to individuals for whom 23
272+HIV testing is performed easily understood informational materials in the languages of the 24
273+commonly encountered populations of the health care provider. 25
290274
291- (iii) Offer to assist in notifying the individual’s sexual and
292-needle–sharing partners or refer the individual to the local health officer to assist the
293-individual with notifying the individual’s sexual and needle–sharing partners; and
275+ (C) UNLESS A PATIENT DECL INES SUBJECT TO SUBSECTION (B) OF THIS 26
276+SECTION, A HEALTH CARE PROVID ER SHALL OBTAIN A FL UID OR TISSUE SAMPLE 27
277+FOR THE PURPOSE OF T ESTING THE FLUID OR TISSUE FOR THE PRESE NCE OF HIV 28
278+INFECTION FROM : 29
294279
295- (iv) If necessary, take action appropriate to comply with § 18–337 of
296-this subtitle.
280+ (1) THE BODY OF A A PREGNANT WOMAN DURIN G DELIVERY; AND 30
297281
298- [(g)] (H) Local health officers shall make available to health care providers in
299-their jurisdiction information on referral resources for an individual with an HIV positive
300-status, including counseling, testing, needs assessment, treatment, and support services.
282+ (2) A NEWBORN WHEN THE PRE GNANT WOMAN ’S HIV STATUS IS 31
283+UNKNOWN. 32
284+ HOUSE BILL 119 7
301285
302- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
303-October 1, 2024.
304286
305-Approved by the Governor, May 16, 2024.
287+ [(c)] (D) (1) If the HIV test is ordered at a location that is not a health care 1
288+facility, informed consent shall be in writing and signed by the individual on an informed 2
289+consent for HIV testing document that is approved by the Department. 3
290+
291+ (2) The informed consent for HIV testing document shall be distinct and 4
292+separate from all other consent forms. 5
293+
294+ (3) A patient identifying number obtained from an anonymous and 6
295+confidential test site which is approved by the Department may be evidence of a patient’s 7
296+informed consent in lieu of a patient’s signature. 8
297+
298+ [(d)] (E) An individual’s refusal to undergo an HIV test or a positive test result 9
299+may not be used as the sole basis by an institution or laboratory to deny services or 10
300+treatment. 11
301+
302+ [(e)] (F) If the individual is unable to give informed consent, substitute consent 12
303+may be given under § 5–605 of this article. 13
304+
305+ [(f)] (G) A health care provider who obtains a result from an HIV test conducted 14
306+in accordance with the provisions of subsection (b) of this section shall: 15
307+
308+ (1) Notify the individual from whom the fluid or tissue sample was 16
309+obtained of the result; and 17
310+
311+ (2) If the test is positive: 18
312+
313+ (i) Provide a referral for treatment and supportive services; 19
314+
315+ (ii) Counsel the individual to inform all sexual and needle–sharing 20
316+partners of the individual’s positive HIV status; 21
317+
318+ (iii) Offer to assist in notifying the individual’s sexual and 22
319+needle–sharing partners or refer the individual to the local health officer to assist the 23
320+individual with notifying the individual’s sexual and needle–sharing partners; and 24
321+
322+ (iv) If necessary, take action appropriate to comply with § 18–337 of 25
323+this subtitle. 26
324+
325+ [(g)] (H) Local health officers shall make available to health care providers in 27
326+their jurisdiction information on referral resources for an individual with an HIV positive 28
327+status, including counseling, testing, needs assessment, treatment, and support services. 29
328+
329+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
330+October 1, 2024. 31