Maryland Law and HIV Counseling and Testing
During the 2008 legislative session, the Maryland General Assembly passed legislation entitled "HIV Testing - Informed Consent and Treatment." This legislation makes key changes in the way counseling and consent are done through out the State. The changes affect sections 18-336 and 18-338.2 of the Health General Article of the Annotated Code of Maryland. A copy of the legislation can be found at the General Assembly's website (http://mlis.state.md.us/2008rs/bills/hb/hb0991t.pdf). The changes became effective on July 1, 2008.
It is important to note that although the Centers for Disease Control and Prevention (CDC) has issued guidelines on HIV testing in healthcare settings, those recommendations do not supersede Maryland law and regulations. If there is any incongruence between CDC's recommendations and Maryland law, State law must be followed.
The recent changes to Maryland law around HIV testing and counseling do not have any impact on testing done for occupational exposure purposes. The law relating to occupational exposure can be found in the Health-General Article sections 18-338, 18-338.1, and 18-338.3. You can look up the statutes on the Maryland General Assembly website: http://mlis.state.md.us/asp/web_statutes_2009.asp.
The AIDS Administration is currently developing guidance for providers and HIV testing sites. Please return to our website for additional updates as they become available. If you have any questions or comments, please direct them to HB991@dhmh.state.md.us.
Notice to Health Care Providers and Facilities of Changes in HIV/AIDS Counseling and Testing Laws.
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