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10.18.08.00.htm 10.18.08.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 18 HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) Chapter 08 HIV Testing Procedures Authority: Criminal Procedure Article, §11-107―11-117; Health-General Article, §2-104(b) and (i) 2-105(a) and (b) 18-102, 18-201.1, 18-205, 18-334, 18-336―18-338, 18-338.3, and 20-102; Annotated Code of Maryland
10.18.08.01.htm 10.18.08.01. 01 Scope.. A. Except as provided in §C―F of this regulation, this chapter governs pretest and post-test information and requirements for informed consent when HIV testing is performed.B. In cases exempt from the requirements for consent throughout this chapter, as specified in §C―F of this regulation, it is not necessary to obtain written informed consent for HIV testing on the form approved by the Secretary.C. If an HIV test is performed on an individual solely for the purpose of d
10.18.08.02.htm 10.18.08.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Acquired immunodeficiency syndrome (AIDS) means the medical condition caused by the human immunodeficiency virus.2) "Anonymous" means that:. a) An individual's name is not used for identification; and. b) The individual can be identified only through use of an assigned code.. 3) “Applicant” means a community based organization or other similar agency that seeks approval to b
10.18.08.03.htm 10.18.08.03. 03 Requirements for Designated Anonymous Testing Sites.. A. An applicant shall seek approval from an appropriate entity to become a designated anonymous testing site from the:1) Baltimore City Health Department for an applicant offering services in Baltimore City; or. 2) Department for an applicant offering services outside of Baltimore City.. B. An applicant that seeks approval to become a designated anonymous testing site shall request an application from the appro
10.18.08.04.htm 10.18.08.04. 04 Requirements for Designated Confidential Testing Sites.. A. An applicant shall seek approval from an appropriate entity to become a designated confidential testing site from the:1) Baltimore City Health Department for an applicant offering services in Baltimore City; or. 2) Department for an applicant offering services outside of Baltimore City.. B. An applicant that seeks approval to become a designated confidential testing site shall request an application from the ap
10.18.08.05.htm 10.18.08.05. 05 Denial and Reconsideration.. A. An applicant under Regulation .03 or .04 of this chapter that has a written request denied by the appropriate entity may request reconsideration of the decision:1) By submitting the request in writing to the appropriate entity; and. 2) Within 30 calendar days of the date postmarked on the notice of denial.. B. If an applicant requests a reconsideration according to §A of this regulation, the appropriate entity shall:1) Review the request for
10.18.08.06.htm 10.18.08.06. 06 Consent and Pretest Requirements for HIV Testing by Health Care Providers.. A. General medical consent is:. 1) Required to be obtained only once during a patient’s visit; and. 2) Sufficient to perform HIV testing.. B. Before performing HIV testing, a health care provider who has received consent as described in §A of this regulation shall:1) Inform the individual verbally or in writing that HIV testing will be performed unless the individual refuses; and
10.18.08.07.htm 10.18.08.07. 07 Consent and Pretest Requirements for HIV Testing in Nonclinical Settings.. A. For HIV tests administered in nonclinical settings, as permitted in Regulations .03 and .04 of this chapter, the individual administering the HIV test shall:1) Utilize the HIV informed consent form approved by the Secretary to document the obtainment of informed consent;2) Read and explain the HIV informed consent form, through an interpreter if necessary, to anyone who cannot read or understa
10.18.08.08.htm 10.18.08.08. 08 Post-Test Requirements for HIV Testing by Health Care Providers.. A. If a patient’s test result is negative, the individual providing testing shall provide post-test information that includes:1) The test result was negative; and. 2) A review of the meaning of a negative result.. B. If a patient’s test result is indeterminate, the individual providing testing shall provide post-test information to and in the presence of the patient tested that includes:
10.18.08.09.htm 10.18.08.09. 09 Post-Test Requirements for HIV Testing in Nonclinical Settings.. A. If an individual’s test result is negative, the individual providing testing shall provide post-test information that includes:1) The test result was negative;. 2) A review of the meaning of a negative result; and. 3) A recommendation about whether a repeat test is advisable based on potential recent exposures and the type of test technology used.B. If an individual’s test result is indeterminate
10.18.08.10.htm 10.18.08.10. 10 Health Care Providers, First Responders, and Public Safety Workers ― HIV Exposure.. A. Definition.. 1) In this regulation, the following term has the meaning indicated.. 2) “Infection preventionist or employee health provider” means the designated infectious disease/communicable disease officer of a hospital.B. A health care provider, first responder, or public safety worker involved in an exposure as defined in Health-General Article, §18-338.3, Annotated
10.18.08.11.htm 10.18.08.11. 11 Information on Exposures.. A. A hospital where an exposure occurred shall:. 1) Maintain a confidential record or incident report for an HIV test conducted under Regulation .10 of this chapter;2) Adopt procedures for the confidential HIV testing of blood samples or other body fluids used or collected for purposes of Regulation .10 of this chapter;3) Maintain a record of:. a) An exposure as defined by Health-General Article, §18-338.3(a) Annotated Code of Maryland; and.
10.18.08.9999.htm 10.18.08.9999. Administrative History Effective date: February 3, 2003 (30:2 Md. R. 76). Regulation .01A amended effective December 14, 2009 (36:25 Md. R. 1954). Regulation .01F adopted effective December 14, 2009 (36:25 Md. R. 1954). Regulation .02B amended effective September 8, 2008 (35:18 Md. R. 1600) December 14, 2009 (36:25 Md. R. 1954)Regulation .03 amended effective April 13, 2015 (42:7 Md. R. 569). Regulation .04 amended effective April 13, 2015 (42:7 Md. R. 569).
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