1. A. If a patient’s HIV test result is negative, the individual providing testing shall provide post-test information to the patient tested that includes:

   1. (1) That the HIV test result is negative; and
   2. (2) The meaning of a negative result.

2. B. If a patient’s HIV test result is indeterminate, the individual providing testing shall provide post-test information to the patient in person that includes:

   1. (1) That the HIV test result is indeterminate;
   2. (2) The meaning of an indeterminate HIV test result; and

   3. (3) A recommendation that the patient:

      1. (a) Return in a medically appropriate time frame for another HIV test; and
      2. (b) Take precautions as if the patient’s HIV test result had been positive until the patient is retested.

3. C. If a patient’s HIV test result is positive:

   1. (1) The individual providing testing shall provide post-test information to the patient in person that includes:

      1. (a) That the HIV test result is positive;
      2. (b) The meaning of a positive HIV test result;

      3. (c) If the patient is pregnant:

         1. (i) How HIV infection may affect a pregnancy, fetus, or newborn;
         2. (ii) That there is a potential that the newborn will have HIV infection; and
         3. (iii) Information regarding recognized methods of reducing the risk of transmission of HIV to the fetus; and

      4. (d) Information regarding the patient’s responsibility to:

         1. (i) Notify all known sexual and needle-sharing partners of possible exposure; or
         2. (ii) Request assistance from the health officer in the jurisdiction to notify all known sexual and needle-sharing partners of possible exposure;

   2. (2) The health care provider shall:

      1. (a) Ensure the patient is linked to an appropriate source of HIV medical care and support services; and
      2. (b) If necessary, provide the patient with information about mental health services for HIV-infected individuals;

   3. (3) For contact control, the health care provider shall:

      1. (a) Endeavor to bring an individual with whom the patient has had potentially infectious contact to examination and, as appropriate, prophylaxis by:

         1. (i) Requesting the health officer to conduct a contact investigation of any case of HIV; or
         2. (ii) Interviewing the patient in order to ascertain the names, descriptions, addresses, telephone numbers, and email addresses of those with whom the patient has had potentially infectious contact; and
      2. (b) Report immediately to the health officer an individual identified as having had potentially infectious contact with a patient with a positive HIV test result;

   4. (4) A health officer shall:

      1. (a) Investigate and notify immediately an individual reported under the provisions of §C(3)(b) of this regulation, who is within the health officer’s jurisdiction of the individual’s exposure and advise the individual to undergo a medical examination to ascertain whether the individual is infected with HIV; and
      2. (b) Immediately forward to the Secretary all reports of individuals who are outside the health officer’s territorial jurisdiction for referral to the health officer of the proper jurisdiction; and
   5. (5) A reported individual shall, within 1 week of notification, be examined to ascertain whether the individual has been infected with HIV.

Authority: Criminal Procedure Article, §§11-107—11-117; Health-General Article, §§2-104(b) and(i), 2-105(a) and (b),
18-102, 18-201.1, 18-202.1, 18-205, 18-207, 18-208, 18-334, 18-336—18-338, 18-338.2, 18-338.3, and 20-102; Annotated Code of Maryland

Effective date: February 3, 2003 (30:2 Md. R. 76)

Regulation .01A amended effective December 14, 2009 (36:25 Md. R. 1954)

Regulation .01F adopted effective December 14, 2009 (36:25 Md. R. 1954)

Regulation .02B amended effective September 8, 2008 (35:18 Md. R. 1600); December 14, 2009 (36:25 Md. R. 1954)

Regulation .03 amended effective April 13, 2015 (42:7 Md. R. 569)

Regulation .04 amended effective April 13, 2015 (42:7 Md. R. 569)

Regulation .05 amended effective April 13, 2015 (42:7 Md. R. 569)

Regulation .06 amended effective December 14, 2009 (36:25 Md. R. 1954)

Regulation .06B amended effective September 8, 2008 (35:18 Md. R. 1600)

Regulation .07 amended effective December 14, 2009 (36:25 Md. R. 1954)

Regulation .08 amended effective December 14, 2009 (36:25 Md. R. 1954)

Regulation .10A, C amended effective December 14, 2009 (36:25 Md. R. 1954)

Regulation .11 adopted effective June 11, 2012 (39:11 Md. R. 687)

Regulation .12 adopted effective June 11, 2012 (39:11 Md. R. 687)

Chapter revised effective March 28, 2016 (43:6 Md. R. 408)

Chapter revised effective May 7, 2018 (45:9 Md. R. 462)