Sec. 10.18.08.07. Testing Requirements for Pregnant Women Receiving Prenatal Care

A. As part of a health care provider’s patient acceptance procedures or protocol, a health care provider shall give a pregnant woman information on being tested for the presence of HIV as part of the woman’s prenatal care program.

B. In addition to §§C-E of this regulation, a health care provider testing a pregnant woman shall follow all requirements for pretest and post-test information as set forth in Regulations .06 and .08-.10 of this chapter as appropriate.

C. Unless a patient declines, a health care provider shall test a pregnant woman under the health care provider’s care:

(1) During the first trimester of pregnancy or the first prenatal visit; and

(2) In the third trimester of pregnancy.

D. 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 delivery; and

(2) Antiretroviral prophylaxis before receiving the results of the confirmatory test if a rapid HIV test performed during labor and delivery is positive.

E. Confidentiality.

(1) HIV test results for pregnant women shall be maintained pursuant to Health-General Article, §18-338.2, Annotated Code of Maryland.

(2) Except as otherwise provided in §E(3) of this regulation, 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.

(3) 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 a criminal, civil, or administrative action, including the adjudication of a workers’ compensation claim.