§ 18-336. Informed consent for HIV testing
West's Annotated Code of MarylandHealth--GeneralEffective: July 1, 2015
Effective: July 1, 2015
MD Code, Health - General, § 18-336
§ 18-336. Informed consent for HIV testing
(b)(1) Except as provided in Title 11, Subtitle 1, Part II of the Criminal Procedure Article or § 18-338.3 of this subtitle, before obtaining a fluid or tissue sample from the body of an individual for the purpose of testing the fluid or tissue for the presence of HIV infection, a health care provider shall:
(c)(1) If the HIV test is ordered at a location that is not a health care facility, informed consent shall be in writing and signed by the individual on an informed consent for HIV testing document that is approved by the Department.
(d) An individual's refusal to undergo an HIV test or a positive test result may not be used as the sole basis by an institution or laboratory to deny services or treatment.
(e) If the individual is unable to give informed consent, substitute consent may be given under § 5-605 of this article.
(f) A health care provider who obtains a result from an HIV test conducted in accordance with the provisions of subsection (b) of this section shall:
Credits
Added by Acts 1989, c. 789, § 1, eff. Nov. 1, 1989. Amended by Acts 1992, c. 90, § 1, eff. Oct. 1, 1992; Acts 1992, c. 91, § 1, eff. Oct. 1, 1992; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1995, c. 321, § 1, eff. Oct. 1, 1995; Acts 1996, c. 585, § 18, eff. Oct. 1, 1996; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2003, c. 143, § 1, eff. Oct. 1, 2003; Acts 2007, c. 182, § 1, eff. June 1, 2007; Acts 2007, c. 183, § 1, eff. June 1, 2007; Acts 2008, c. 222, § 1, eff. July 1, 2008; Acts 2008, c. 223, § 1, eff. July 1, 2008; Acts 2015, c. 22, § 5; Acts 2015, c. 112, § 1, eff. July 1, 2015.
MD Code, Health - General, § 18-336, MD HEALTH GEN § 18-336
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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