Sec. 10.18.08.06. Consent and Pretest Requirements for HIV Testing by Health Care Providers

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;

(2) Document all declinations of an HIV test in the medical record of the patient; and

(3) When needed, obtain:

(a) Consent from a health care agent designated per Health-General Article, §5-602, Annotated Code of Maryland; or

(b) Surrogate consent per Health-General Article, §5-605 Annotated Code of Maryland.

D. The general informed consent form for medical care may specify that an HIV test will be performed.

E. Except as provided under Regulation .08 of this chapter, a health care provider may not be required to obtain consent for HIV testing on a separate consent form.

F. Pretest information, including counseling for pregnant women, shall be provided to the patient to be tested for HIV before each specimen is tested.

G. A health care provider providing pretest information, including counseling for pregnant women, shall:

(1) Provide HIV-specific information:

(a) Verbally;

(b) In writing;

(c) Through video; or

(d) Through any combination of §G(1)(a)-(c) of this regulation;

(2) Provide HIV information in a manner that protects the confidentiality of the patient being tested;

(3) Using layman’s terms, provide, at minimum, the following information to the patient being tested:

(a) That the patient is being tested for HIV;

(b) That the patient has the right to:

(i) Ask questions; and

(ii) Decline the test without penalty;

(c) An explanation of HIV infection;

(d) That a negative HIV test result means that:

(i) A patient is not infected with HIV or that the test was unable to detect the presence of HIV because a patient is in the early stage of infection and has not yet developed detectable evidence of HIV infection; and

(ii) If the patient has had any potential recent exposures, the patient should be retested within an appropriate time frame based on the type of testing used; and

(e) That a positive HIV test result means the patient:

(i) Is infected with HIV; and

(ii) Will be linked with medical treatment and other supportive services;

(4) Provide counseling as defined in Regulation .02 of this chapter to pregnant women;

(5) Include an opportunity for the patient to:

(a) Ask questions and receive answers about HIV and other topics described in this regulation; and

(b) Decline an HIV test; and

(6) Make necessary accommodation with respect to language or disability to ensure that the patient being tested understands the information presented.