EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1382*
HOUSE BILL 1382
J1 5lr2567
By: Delegate Bagnall
Introduced and read first time: February 7, 2025
Assigned to: Judiciary and Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Human Immunodeficiency Virus – Repeal of Prohibition on 2
Transfer and Study 3
FOR the purpose of repealing the prohibition on an individual from knowingly transferring 4
or attempting to transfer the human immunodeficiency virus to another individual; 5
requiring the Maryland Department of Health to review and make recommendations 6
on statutory and regulatory provisions regarding the human immunodeficiency virus 7
that may be outdated or discriminatory and report its findings to certain committees 8
of the General Assembly on or before a certain date; and generally relating to the 9
human immunodeficiency virus. 10
BY repealing 11
Article – Health – General 12
Section 18–601.1 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2024 Supplement) 15
Preamble 16
WHEREAS, Maryland is a leader in public health; and 17
WHEREAS, The National Institutes of Health, in collaboration with global partners, 18
have set an ambitious goal of eradicating HIV/AIDS by 2030; and 19
WHEREAS, Achieving the goal of eradicating HIV/AIDS by 2030 requires both 20
optimizing treatment and prevention for individuals living with or at risk for HIV and 21
ending the HIV/AIDS pandemic as an epidemiologic and global health phenomenon; and 22
WHEREAS, Our understanding of HIV, how it is spread, how it is managed, and 23
how it can be prevented has advanced significantly in the last 50 years; and 24
2 HOUSE BILL 1382
WHEREAS, There has been a national effort to destigmatize HIV/AIDS by repealing 1
and modernizing criminalization laws to better align with current scientific evidence; and 2
WHEREAS, Maryland has joined other states in having achieved U=U or 3
undetectable = untransmittable and understand that barriers to testing pose barriers to 4
treatment; and 5
WHEREAS, In support of the effort to eradicate HIV/AIDS in our lifetime, Maryland 6
seeks to join the national effort of early detection, treatment, management and prevention; 7
and 8
WHEREAS, Criminalization of HIV/AIDS has negatively and disproportionately 9
impacted the LGBTQ+ community; and 10
WHEREAS, Criminal penalties associated with certain diseases are not only 11
stigmatizing but are not good public policy as the penalties are not grounded in the science 12
of managing, treating, and eradicating disease; now, therefore, 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
[18–601.1. 17
(a) An individual who has the human immunodeficiency virus may not knowingly 18
transfer or attempt to transfer the human immunodeficiency virus to another individual. 19
(b) A person who violates the provisions of this section is guilty of a misdemeanor 20
and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 21
3 years or both.] 22
SECTION 2. AND BE IT FURTHER ENACTED, That : 23
(a) The Maryland Department of Health shall: 24
(1) review statutory and regulatory policies in the State regarding the 25
human immunodeficiency virus and determine whether the policies are outdated or 26
discriminatory; and 27
(2) make recommendations on updates to policies identified as outdated or 28
discriminatory under item (1) of this subsection that would align the policies with current 29
public health best practices. 30
(b) On or before December 1, 2025, the Department shall report its findings and 31
recommendations from the review conducted under subsection (a) of this section to the 32 HOUSE BILL 1382 3
Senate Finance Committee and the House Health and Government Operations Committee, 1
in accordance with § 2–1257 of the State Government Article. 2
SECTION 3. AND BE IT FURTHER ENACTED, That : 3
(a) Section 2 of this Act is contingent on the Maryland Department of Health’s 4
ability to conduct the review and make the recommendations required under Section 2 of 5
this Act with existing Maryland Department of Health resources. 6
(b) On or before July 5, 2025, the Maryland Department of Health shall notify the 7
Department of Legislatives Services whether the Maryland Department of Health is able 8
to conduct the review and make the recommendations with existing resources. 9
(c) (1) If, on or before July 5, 2025, the Department of Legislative Services 10
receives a notice that the Maryland Department of Health is able to conduct the review and 11
make the recommendations with existing resources, Section 2 of this Act shall take effect 12
on the date the notice is received by the Department of Legislative Services in accordance 13
with subsection (b) of this section. 14
(2) If the Department of Legislatives does not receive a notice under 15
subsection (b) of this section before the end of July 5, 2025, or receives a notice on or before 16
July 5, 2025, that the Maryland Department of Health does not have sufficient resources 17
to conduct the review and make the recommendations, Section 2 of this Act, with no further 18
action required by the General Assembly, shall be null and void. 19
SECTION 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 20
effect October 1, 2025. 21
SECTION 5. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 22
Act and except as provided in Section 4 of this Act, this Act shall take effect July 1, 2025. 23