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10.18.09.00.htm 10.18.09.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 18 HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) Chapter 09 HIV Testing for Pregnant Women Receiving Prenatal Care Authority: Health-General Article, §18-102, 18-201.1, 18-202.1, 18-205, 18-207, 18-208, 18-336, 18-337, 18-338.2, and 20-102, Annotated Code of Maryland
10.18.09.01.htm 10.18.09.01. 01 Scope.. A. Except as provided in §C―F of this regulation, this chapter governs pre-test and post-test information, requirements for reporting and control efforts, and requirements for informed consent and counseling when HIV testing is performed on pregnant women.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 for
10.18.09.02.htm 10.18.09.02. 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) “Centers for Disease Control and Prevention (CDC) means the federal Centers for Disease Control and Prevention of the United States Department of Health and Human Services.3) “Counseling” means providing education on:. a) The effect of a positi
10.18.09.03.htm 10.18.09.03. 03 Consent, Counseling, and Pre-test Requirements.. A. General medical consent is sufficient to perform HIV testing.. B. Consent for HIV testing is only required to be obtained one time during a patient’s visit.. C. A health care provider who obtains consent for HIV testing shall:. 1) Obtain consent as a part of a patient’s general consent for medical care in the same manner as for other screening and diagnostic tests;
10.18.09.04.htm 10.18.09.04. 04 Testing Requirements.. A. Unless a patient declines, a health care provider shall test a pregnant woman under the health care provider’s care for HIV:1) During the first and third trimesters; and. 2) In the third trimester of pregnancy if the woman’s HIV status is unknown.. B. A health care provider who provides labor and delivery services to a pregnant woman shall offer:. 1) A rapid HIV test to a pregnant woman with unknown or undocumented HIV status during labor and del
10.18.09.05.htm 10.18.09.05. 05 Post-Test Requirements.. A. If a patient’s HIV test result is negative, the individual providing testing shall provide post-test information to the patient tested that includes:1) That the HIV test result is negative; and. 2) The meaning of a negative result.. B. If a patient’s HIV test result is indeterminate, the individual providing testing shall provide post-test information to the patient tested and in the presence of the patient tested that includes:
10.18.09.06.htm 10.18.09.06. 06 Immunity.. A health care provider or a health care facility acting in good faith to provide HIV testing and information as required under this chapter may not be held liable in any cause of action related to a woman’s decision to consent or not to consent to have an HIV test.
10.18.09.9999.htm 10.18.09.9999. Administrative History Effective date: August 28, 2006 (33:17 Md. R. 1437). 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 December 14, 2009 (36:25 Md. R. 1954). Regulation .03 amended effective December 14, 2009 (36:25 Md. R. 1954). Regulation .04 amended effective December 14, 2009 (36:25 Md. R. 1954).
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