Maryland 2024 Regular Session

Maryland Senate Bill SB211 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0211
6	6
7	7	SENATE BILL 211
8	8	J1 4lr0157
9	9	(PRE–FILED) CF HB 119
10	10	By: Chair, Finance Committee (By Request – Departmental – Health)
11	11	Requested: September 13, 2023
12	12	Introduced and read first time: January 10, 2024
13	13	Assigned to: Finance
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Public Health – Giving Infants a Future Without Transmission (GIFT) Act 2
20	20
21	21	FOR the purpose of altering certain HIV and syphilis reporting and testing requirements 3
22	22	for hospitals and health care providers for pregnant women and newborns, including 4
23	23	by requiring that the pregnancy status of certain individuals be included in certain 5
24	24	reports and that certain health care providers submit certain blood samples to 6
25	25	medical laboratories; and generally relating to testing and reporting requirements 7
26	26	for HIV and syphilis. 8
27	27
28	28	BY repealing and reenacting, with amendments, 9
29	29	Article – Health – General 10
30	30	Section 18–201.1, 18–202.1, 18–307, and 18–336 11
31	31	Annotated Code of Maryland 12
32	32	(2023 Replacement Volume) 13
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
35	35	That the Laws of Maryland read as follows: 15
36	36
37	37	Article – Health – General 16
38	38
39	39	18–201.1. 17
40	40
41	41	(a) A [physician] HEALTH CARE PROVIDER who has diagnosed [a patient] AN 18
42	42	INDIVIDUAL under the [physician’s] HEALTH CARE PROVIDER ’S care with [human 19
43	43	immunodeficiency virus] HIV infection or acquired immunodeficiency syndrome according 20
44	44	to the current definition published in the [morbidity and mortality weekly report] 21
45	45	MORBIDITY AND MORTALITY WEEKLY REPORT by the Centers for Disease Control and 22
46	46	Prevention of the Department of Health and Human Services shall submit immediately a 23 2 SENATE BILL 211
47	47
48	48
49	49	report to the health officer for the county where the [physician] HEALTH CARE PROVIDER 1
50	50	cares for that [patient] INDIVIDUAL. 2
51	51
52	52	(b) The report shall: 3
53	53
54	54	(1) Be on the form that the Secretary provides; 4
55	55
56	56	(2) Identify the disease; 5
57	57
58	58	(3) State the name, age, race, sex, and residence address of the [patient; 6
59	59	and] INDIVIDUAL; 7
60	60
61	61	(4) STATE THE PREGNANCY S TATUS OF THE INDIVID UAL, IF 8
62	62	APPLICABLE; AND 9
63	63
64	64	[(4)] (5) Be signed by the [physician] HEALTH CARE PROVIDER . 10
65	65
66	66	(c) (1) A [physician] HEALTH CARE PROVIDER shall submit a report as 11
67	67	described in subsection (b) of this section to the Secretary within 48 hours of [the]: 12
68	68
69	69	(I) THE birth of an infant whose mother has tested positive for [the 13
70	70	human immunodeficiency virus] HIV; AND 14
71	71
72	72	(II) A PREGNANT WOMAN TESTING POSITIVE FOR HIV, FOR THE 15
73	73	PURPOSE OF INTERVENT ION. 16
74	74
75	75	(2) If a newborn infant does not become HIV positive after 18 months from 17
76	76	the [date that the report required in paragraph (1) of this subsection was submitted] 18
77	77	INFANT’S DATE OF BIRTH , the Secretary shall have the newborn infant’s name removed 19
78	78	from the HIV registry. 20
79	79
80	80	(d) (1) All [physician] HEALTH CARE PROVIDER reports required under this 21
81	81	section are: 22
82	82
83	83	(i) Confidential and subject to Title 4, Subtitle 1 of this article; and 23
84	84
85	85	(ii) Not medical records under Title 4, Subtitle 3 of this article, but 24
86	86	are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article. 25
87	87
88	88	(2) The reports and any proceedings, records, or files relating to the reports 26
89	89	required under this section are not discoverable and are not admissible in evidence in any 27
90	90	civil action. 28
91	91
92	92	(3) This subsection does not apply to a disclosure by the Secretary to 29
93	93	another governmental agency performing its lawful duties pursuant to State or federal law 30 SENATE BILL 211 3
94	94
95	95
96	96	where the Secretary determines the agency to whom the information is disclosed will 1
97	97	maintain the confidentiality of the disclosure. 2
98	98
99	99	18–202.1. 3
100	100
101	101	(a) In this section, “institution” includes: 4
102	102
103	103	(1) A hospital; 5
104	104
105	105	(2) A nursing home; 6
106	106
107	107	(3) A hospice facility; 7
108	108
109	109	(4) A medical clinic in a correctional facility; 8
110	110
111	111	(5) An inpatient psychiatric facility; and 9
112	112
113	113	(6) An inpatient drug rehabilitation facility. 10
114	114
115	115	(b) When an institution has an individual in the care of the institution with a 11
116	116	diagnosis of [human immunodeficiency virus] HIV or acquired immunodeficiency 12
117	117	syndrome according to the current definition published in the [morbidity and mortality 13
118	118	weekly report] MORBIDITY AND MORTALITY WEEKLY REPORT by the Centers for 14
119	119	Disease Control and Prevention, a clinical or infection control practitioner shall submit a 15
120	120	report within 48 hours to the health officer for the county where the institution is located. 16
121	121
122	122	(c) The report shall: 17
123	123
124	124	(1) Be on the form that the Secretary provides; 18
125	125
126	126	(2) Identify the disease; 19
127	127
128	128	(3) State the name, age, race, sex, and residence address of the individual 20
129	129	with the disease; 21
130	130
131	131	(4) STATE THE PREGNANCY S TATUS OF THE INDIVID UAL, IF 22
132	132	APPLICABLE; 23
133	133
134	134	[(4)] (5) State the name of the administrative head of the institution; and 24
135	135
136	136	[(5)] (6) State the address of the institution. 25
137	137
138	138	(d) (1) All institution reports required under this section are: 26
139	139
140	140	(i) Confidential and subject to Title 4, Subtitle 1 of this article; and 27
141	141	4 SENATE BILL 211
142	142
143	143
144	144	(ii) Not medical records under Title 4, Subtitle 3 of this article, but 1
145	145	are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article. 2
146	146
147	147	(2) The reports and any proceedings, records, or files relating to the reports 3
148	148	required under this section are not discoverable and are not admissible in evidence in any 4
149	149	civil action. 5
150	150
151	151	(3) This subsection does not apply to a disclosure by the Secretary to 6
152	152	another governmental agency performing its lawful duties in accordance with State or 7
153	153	federal law where the Secretary determines the agency to whom the information is 8
154	154	disclosed will maintain the confidentiality of the disclosure. 9
155	155
156	156	18–307. 10
157	157
158	158	(a) This section does not apply to a woman who objects to a standard serological 11
159	159	syphilis test because the test is against the religious beliefs and practices of the woman. 12
160	160
161	161	(b) (1) The [individual] HEALTH CARE PROVIDER attending a woman for 13
162	162	pregnancy shall submit to a medical laboratory: 14
163	163
164	164	(i) A blood sample taken from the woman at the time that the 15
165	165	[individual] HEALTH CARE PROVIDER first examines the woman; [and] 16
166	166
167	167	(ii) A blood sample taken from the woman [during the third 17
168	168	trimester of the pregnancy] IN THE THIRD TRIMEST ER AT: 18
169	169
170	170	1. THE PRENATAL VISIT AT 28 WEEKS OF GESTATION ; OR 19
171	171
172	172	2. THE FIRST PRENATAL VI SIT AFTER 28 WEEKS OF 20
173	173	GESTATION; AND 21
174	174
175	175	(III) 1. A BLOOD SAMPLE TAKEN FROM TH E WOMAN WHO 22
176	176	DELIVERS A LIVE BORN INFANT AT THE TIME OF DELIV ERY; OR 23
177	177
178	178	2. A BLOOD SAMPLE TAKEN F ROM THE WOMAN WHO 24
179	179	DELIVERS A STILLBORN INFANT: 25
180	180
181	181	A. AT 20 WEEKS OF GESTATION OR LATER ; OR 26
182	182
183	183	B. WEIGHING AT LEAST 500 GRAMS. 27
184	184
185	185	(2) The medical laboratory to which a blood sample is submitted shall do a 28
186	186	standard serological syphilis test that is approved by the Department. 29
187	187	SENATE BILL 211 5
188	188
189	189
190	190	(C) A HOSPITAL SHALL DETER MINE THE SYPHILIS SE ROLOGIC STATUS OF 1
191	191	THE MOTHER BEFORE DISCHARGING THE NEWBORN FOR THE PURPOSES OF 2
192	192	NEONATAL EVALUATION AND TREATMENT . 3
193	193
194	194	(D) THE DEPARTMENT MAY ADOPT RULES, REGULATIONS , AND STANDARDS 4
195	195	UNDER THIS SECTION. 5
196	196
197	197	18–336. 6
198	198
199	199	(a) (1) In this section the following words have the meanings indicated. 7
200	200
201	201	(2) “Health care facility” has the same meaning stated in § 18–338.2 of this 8
202	202	subtitle. 9
203	203
204	204	(3) “Health care provider” means a physician, nurse, or designee of a health 10
205	205	care facility. 11
206	206
207	207	(4) “HIV” means the human immunodeficiency virus that causes acquired 12
208	208	immune deficiency syndrome. 13
209	209
210	210	(b) (1) Except as provided in Title 11, Subtitle 1, Part II of the Criminal 14
211	211	Procedure Article or § 18–338.3 of this subtitle, before obtaining a fluid or tissue sample 15
212	212	from the body of an individual for the purpose of testing the fluid or tissue for the presence 16
213	213	of HIV infection, a health care provider shall: 17
214	214
215	215	(i) Inform the individual verbally or in writing that HIV testing will 18
216	216	be performed on a specimen obtained from the individual unless the individual refuses HIV 19
217	217	testing; 20
218	218
219	219	(ii) Provide the individual verbal or written information or show a 21
220	220	video that includes an explanation of HIV infection and the meaning of positive and 22
221	221	negative test results; 23
222	222
223	223	(iii) Offer the individual an opportunity to ask questions and decline 24
224	224	HIV testing; and 25
225	225
226	226	(iv) If the individual refuses HIV testing, document in the medical 26
227	227	record the individual’s decision. 27
228	228
229	229	(2) (i) Consent for HIV testing shall be included in a patient’s general 28
230	230	informed consent for medical care in the same category as other screening and diagnostic 29
231	231	tests. 30
232	232
233	233	(ii) Except as otherwise provided in this section, a health care 31
234	234	provider may not be required to obtain consent for HIV testing using a separate consent 32
235	235	form. 33 6 SENATE BILL 211
236	236
237	237
238	238
239	239	(3) A health care provider shall make available to individuals for whom 1
240	240	HIV testing is performed easily understood informational materials in the languages of the 2
241	241	commonly encountered populations of the health care provider. 3
242	242
243	243	(C) UNLESS A PATIENT DECL INES, A HEALTH CARE PROVID ER SHALL 4
244	244	OBTAIN A FLUID OR TI SSUE SAMPLE FOR THE PURPOSE OF TESTI NG THE FLUID OR 5
245	245	TISSUE FOR THE PRESE NCE OF HIV INFECTION FROM: 6
246	246
247	247	(1) THE BODY OF A PREGNAN T WOMAN DURING DELIV ERY; AND 7
248	248
249	249	(2) A NEWBORN WHEN THE PRE GNANT WOMAN ’S HIV STATUS IS 8
250	250	UNKNOWN. 9
251	251
252	252	[(c)] (D) (1) If the HIV test is ordered at a location that is not a health care 10
253	253	facility, informed consent shall be in writing and signed by the individual on an informed 11
254	254	consent for HIV testing document that is approved by the Department. 12
255	255
256	256	(2) The informed consent for HIV testing document shall be distinct and 13
257	257	separate from all other consent forms. 14
258	258
259	259	(3) A patient identifying number obtained from an anonymous and 15
260	260	confidential test site which is approved by the Department may be evidence of a patient’s 16
261	261	informed consent in lieu of a patient’s signature. 17
262	262
263	263	[(d)] (E) An individual’s refusal to undergo an HIV test or a positive test result 18
264	264	may not be used as the sole basis by an institution or laboratory to deny services or 19
265	265	treatment. 20
266	266
267	267	[(e)] (F) If the individual is unable to give informed consent, substitute consent 21
268	268	may be given under § 5–605 of this article. 22
269	269
270	270	[(f)] (G) A health care provider who obtains a result from an HIV test conducted 23
271	271	in accordance with the provisions of subsection (b) of this section shall: 24
272	272
273	273	(1) Notify the individual from whom the fluid or tissue sample was 25
274	274	obtained of the result; and 26
275	275
276	276	(2) If the test is positive: 27
277	277
278	278	(i) Provide a referral for treatment and supportive services; 28
279	279
280	280	(ii) Counsel the individual to inform all sexual and needle–sharing 29
281	281	partners of the individual’s positive HIV status; 30
282	282	SENATE BILL 211 7
283	283
284	284
285	285	(iii) Offer to assist in notifying the individual’s sexual and 1
286	286	needle–sharing partners or refer the individual to the local health officer to assist the 2
287	287	individual with notifying the individual’s sexual and needle–sharing partners; and 3
288	288
289	289	(iv) If necessary, take action appropriate to comply with § 18–337 of 4
290	290	this subtitle. 5
291	291
292	292	[(g)] (H) Local health officers shall make available to health care providers in 6
293	293	their jurisdiction information on referral resources for an individual with an HIV positive 7
294	294	status, including counseling, testing, needs assessment, treatment, and support services. 8
295	295
296	296	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
297	297	October 1, 2024. 10