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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 Counseling and Testing for Pregnant Women Authority: Health-General Article, §18-102, 18-205, 18-207, 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 §B―E of this regulation, this chapter governs counseling and requirements for informed consent when HIV testing is performed on pregnant women.B. If an HIV test is performed on an individual solely for the purpose of determining the suitability of that individual as a prospective donor of blood, semen, or tissue, the requirements for counseling and written informed consent are addressed in:
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) "Counseling" means providing education on:. a) The effect of a positive HIV test result on the pregnant woman and the fetus concerning the risk of transmission of HIV to the fetus;b) Recognized methods of reducing the risk of transmission of HIV to the fetus during pregnancy, including the use of pharmaceuticals known to reduce the risk of transmission
10.18.09.03.htm 10.18.09.03. 03 Patient Counseling.. A. A health care provider who orders an HIV test to be performed by a laboratory shall ensure that:. 1) HIV counseling is conducted:. a) Verbally;. b) In writing;. c) By video; or. d) By any combination of §A(1)a)c) of this regulation depending on the testing history and information needs of the individual being tested; and2) Voluntary informed consent is obtained from the pregnant woman to be tested for HIV before:.
10.18.09.04.htm 10.18.09.04. 04 Requirements to Obtain Informed Consent.. A. Before obtaining a specimen to test for HIV, a health care provider shall obtain the pregnant woman's voluntary informed consent to have an HIV test performed.B. If the pregnant woman to be tested for the presence of HIV declines HIV testing, the health care provider shall document the declination in the woman's medical record.
10.18.09.05.htm 10.18.09.05. 05 Requirements for HIV Tests.. A. A health care provider who orders an HIV test shall order the use of a test designed to confirm in a sample the presence of HIV.B. Before administering a test for the presence of HIV, a health care provider shall notify the pregnant woman that she:1) Will be tested for HIV as a part of the routine prenatal blood tests unless she declines to be tested; and2) Has the right to refuse the test for HIV infection without penalty..
10.18.09.06.htm 10.18.09.06. 06 Confidentiality of Test Results.. A. Except as otherwise provided in §B of this regulation, an individual, pursuant to Health-General Article, §18-338.2, Annotated Code of Maryland:1) Shall keep the record of an HIV test performed under this chapter confidential; and. 2) May not provide the record of an HIV test performed under this chapter:. a) Under a discovery request; or. b) For admission into evidence in any criminal, civil, or administrative action..
10.18.09.07.htm 10.18.09.07. 07 Notification of Test Results.. A. A health care provider or a health care facility that orders an HIV test shall notify the pregnant woman who was tested for HIV of the test results.B. In addition to what is required in Regulation .03B of this chapter, if the test result is positive, the health care provider who ordered the test shall:1) Refer the individual who tests positive for HIV infection to appropriate HIV-specific health care and HIV case management services;
10.18.09.08.htm 10.18.09.08. 08 Immunity.. A health care provider or a health care facility acting in good faith to provide the counseling required under Regulation .03 of 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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