Maryland Code, Health-General § 18-338.2

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(a)(1) In this section the following words have the meanings indicated.

(2) “Health care facility” means a facility or office where health or medical care is provided to patients by a health care provider, including:

(i) A hospital as defined in § 19-301 of this article;

(ii) A facility operated by the Department or a health officer;  and

(iii) The office of a health care provider.

(3) “Health care provider” means a physician, nurse, licensed direct-entry midwife, or designee of a health care facility.

(4) “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome (AIDS).

(5) “Prenatal care” means obstetric and gynecologic services performed as part of a prenatal care program, including:

(i) Screening;

(ii) Physical examination;

(iii) Laboratory and diagnostic testing procedures and interpretation;  and

(iv) Counseling.

(b) The Department, in consultation with stakeholders, shall adopt regulations establishing requirements for prenatal HIV testing.

(c)(1) A health care provider who provides prenatal medical care shall follow the requirements for prenatal HIV testing that are adopted by the Department.

(2) The Department shall provide the requirements established under subsection (b) of this section to:

(i) Hospitals that offer obstetric services;

(ii) The American College of Obstetricians and Gynecologists;

(iii) The American College of Nurse Midwives;  and

(iv) The Association of Independent Midwives of Maryland.

(d)(1) Except as otherwise provided in paragraph (2) of this subsection, the record of an HIV test performed under this section is confidential and not discoverable or admissible in evidence in any criminal, civil, or administrative action.

(2) Provided that the identity or any other information that could readily be associated with the identity of the pregnant woman is not disclosed, the results of an HIV test performed under this section may be introduced into evidence in any criminal, civil, or administrative action, including the adjudication of a workers' compensation claim.

(e) A health care provider may not be subject to disciplinary action by the professional licensing board that licenses the health care provider for following the requirements for prenatal HIV testing established by the Department.

Cite this article: - Maryland Code, Health-General § 18-338.2 - last updated December 31, 2021 |

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