Maryland 2025 Regular Session

Maryland House Bill HB1382 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	hb1382
6	6
7	7	HOUSE BILL 1382
8	8	J1 5lr2567
9	9
10	10	By: Delegate Bagnall
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Judiciary and Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Public Health – Human Immunodeficiency Virus – Repeal of Prohibition on 2
19	19	Transfer and Study 3
20	20
21	21	FOR the purpose of repealing the prohibition on an individual from knowingly transferring 4
22	22	or attempting to transfer the human immunodeficiency virus to another individual; 5
23	23	requiring the Maryland Department of Health to review and make recommendations 6
24	24	on statutory and regulatory provisions regarding the human immunodeficiency virus 7
25	25	that may be outdated or discriminatory and report its findings to certain committees 8
26	26	of the General Assembly on or before a certain date; and generally relating to the 9
27	27	human immunodeficiency virus. 10
28	28
29	29	BY repealing 11
30	30	Article – Health – General 12
31	31	Section 18–601.1 13
32	32	Annotated Code of Maryland 14
33	33	(2023 Replacement Volume and 2024 Supplement) 15
34	34
35	35	Preamble 16
36	36
37	37	WHEREAS, Maryland is a leader in public health; and 17
38	38
39	39	WHEREAS, The National Institutes of Health, in collaboration with global partners, 18
40	40	have set an ambitious goal of eradicating HIV/AIDS by 2030; and 19
41	41
42	42	WHEREAS, Achieving the goal of eradicating HIV/AIDS by 2030 requires both 20
43	43	optimizing treatment and prevention for individuals living with or at risk for HIV and 21
44	44	ending the HIV/AIDS pandemic as an epidemiologic and global health phenomenon; and 22
45	45
46	46	WHEREAS, Our understanding of HIV, how it is spread, how it is managed, and 23
47	47	how it can be prevented has advanced significantly in the last 50 years; and 24
48	48	2 HOUSE BILL 1382
49	49
50	50
51	51	WHEREAS, There has been a national effort to destigmatize HIV/AIDS by repealing 1
52	52	and modernizing criminalization laws to better align with current scientific evidence; and 2
53	53
54	54	WHEREAS, Maryland has joined other states in having achieved U=U or 3
55	55	undetectable = untransmittable and understand that barriers to testing pose barriers to 4
56	56	treatment; and 5
57	57
58	58	WHEREAS, In support of the effort to eradicate HIV/AIDS in our lifetime, Maryland 6
59	59	seeks to join the national effort of early detection, treatment, management and prevention; 7
60	60	and 8
61	61
62	62	WHEREAS, Criminalization of HIV/AIDS has negatively and disproportionately 9
63	63	impacted the LGBTQ+ community; and 10
64	64
65	65	WHEREAS, Criminal penalties associated with certain diseases are not only 11
66	66	stigmatizing but are not good public policy as the penalties are not grounded in the science 12
67	67	of managing, treating, and eradicating disease; now, therefore, 13
68	68
69	69	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
70	70	That the Laws of Maryland read as follows: 15
71	71
72	72	Article – Health – General 16
73	73
74	74	[18–601.1. 17
75	75
76	76	(a) An individual who has the human immunodeficiency virus may not knowingly 18
77	77	transfer or attempt to transfer the human immunodeficiency virus to another individual. 19
78	78
79	79	(b) A person who violates the provisions of this section is guilty of a misdemeanor 20
80	80	and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 21
81	81	3 years or both.] 22
82	82
83	83	SECTION 2. AND BE IT FURTHER ENACTED, That : 23
84	84
85	85	(a) The Maryland Department of Health shall: 24
86	86
87	87	(1) review statutory and regulatory policies in the State regarding the 25
88	88	human immunodeficiency virus and determine whether the policies are outdated or 26
89	89	discriminatory; and 27
90	90
91	91	(2) make recommendations on updates to policies identified as outdated or 28
92	92	discriminatory under item (1) of this subsection that would align the policies with current 29
93	93	public health best practices. 30
94	94
95	95	(b) On or before December 1, 2025, the Department shall report its findings and 31
96	96	recommendations from the review conducted under subsection (a) of this section to the 32 HOUSE BILL 1382 3
97	97
98	98
99	99	Senate Finance Committee and the House Health and Government Operations Committee, 1
100	100	in accordance with § 2–1257 of the State Government Article. 2
101	101
102	102	SECTION 3. AND BE IT FURTHER ENACTED, That : 3
103	103
104	104	(a) Section 2 of this Act is contingent on the Maryland Department of Health’s 4
105	105	ability to conduct the review and make the recommendations required under Section 2 of 5
106	106	this Act with existing Maryland Department of Health resources. 6
107	107
108	108	(b) On or before July 5, 2025, the Maryland Department of Health shall notify the 7
109	109	Department of Legislatives Services whether the Maryland Department of Health is able 8
110	110	to conduct the review and make the recommendations with existing resources. 9
111	111
112	112	(c) (1) If, on or before July 5, 2025, the Department of Legislative Services 10
113	113	receives a notice that the Maryland Department of Health is able to conduct the review and 11
114	114	make the recommendations with existing resources, Section 2 of this Act shall take effect 12
115	115	on the date the notice is received by the Department of Legislative Services in accordance 13
116	116	with subsection (b) of this section. 14
117	117
118	118	(2) If the Department of Legislatives does not receive a notice under 15
119	119	subsection (b) of this section before the end of July 5, 2025, or receives a notice on or before 16
120	120	July 5, 2025, that the Maryland Department of Health does not have sufficient resources 17
121	121	to conduct the review and make the recommendations, Section 2 of this Act, with no further 18
122	122	action required by the General Assembly, shall be null and void. 19
123	123
124	124	SECTION 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 20
125	125	effect October 1, 2025. 21
126	126
127	127	SECTION 5. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 22
128	128	Act and except as provided in Section 4 of this Act, this Act shall take effect July 1, 2025. 23