§ 18-338.2. Pregnant women

   (a) Definitions. --

   (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, 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 service 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) HIV testing as part of prenatal medical care. -- A health care provider who provides prenatal medical care shall:

   (1) Notify each pregnant patient that she will be tested for HIV infection as part of the routine prenatal blood tests;

   (2) Advise the pregnant patient that she has the right to refuse the test for HIV infection without penalty;

   (3) Obtain informed consent from the pregnant patient to test her for HIV infection;

   (4) Test the patient, unless the patient declines the test;

   (5) Document in the medical record if the patient declines the test;

   (6) Offer an HIV test in the third trimester to a pregnant woman who was not tested earlier in her pregnancy;

   (7) Consider routinely offering a repeat HIV test in the third trimester to all pregnant women:

      (i) At health care facilities in areas of high rates of HIV prevalence; and

      (ii) Who are at a high risk of acquiring HIV; and

   (8) Provide a referral for treatment and supportive services, including case management services.

(c) HIV testing as part of labor and delivery service. -- A health care provider who provides labor and delivery services to pregnant women shall offer:

   (1) A rapid HIV test to pregnant women with unknown or undocumented HIV status during labor and delivery; and

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

(d) Counseling. --

   (1) As part of a health care provider's patient acceptance procedures or protocol, a health care provider shall provide a pregnant woman with counseling concerning being tested for the presence of HIV as part of the woman's prenatal care program.

   (2) The counseling shall include:

      (i) Information required for pretest counseling under § 18-336 of this subtitle; and

      (ii) Education on:

      1. 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; and

      2. Recognized methods of reducing that risk, including the use of pharmaceuticals during pregnancy known to reduce the risk of transmission of HIV to the fetus.

(e) Confidentiality of test results. --

   (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.

(f) Immunity. -- A health care provider, including a health care facility, acting in good faith to provide the counseling required under subsection (d) of this section 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.

HISTORY: 1997, ch. 584; 2008, chs. 222, 223; 2009, ch. 60, § 5.