Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Acquired immunodeficiency syndrome
				  (AIDS) " means the medical condition caused by the human immunodeficiency
				  virus.
(2) "Anonymous" means that:
(a) A patient's name is not used for
				  identification; and
(b) The patient
				  can be identified only through use of an assigned code.
(3) 'Applicant" means a community based
				  organization or other similar agency that seeks approval to become a designated
				  human immunodeficiency virus testing site.
(4) "Appropriate entity" means the Maryland
				  Department of Health or the Baltimore City Health Department, which designate
				  HIV testing sites in the State per Regulations .03 and .04 of this
				  chapter.
(5) "Centers for Disease
				  Control and Prevention (CDC)" means the federal Centers for Disease Control and
				  Prevention of the federal Department of Health and Human Services.
(6) "Confidential" means that a patient's
				  name is used as identification and that the patient's medical records contain
				  the patient's name but are protected against disclosure as provided by
				  statute.
(7) "Counseling" means
				  providing education to pregnant women on:
(a)
				  The effect of a positive HIV test result on the pregnant woman and fetus
				  concerning the risk of transmission of HIV to the fetus; and
(b) Recognized methods of reducing the risk
				  of transmission of HIV to the fetus during pregnancy.
(8) "Department" means the Department of
				  Health and Mental Hygiene.
(9) "Designated
				  anonymous testing site" means a human immunodeficiency virus testing site
				  approved by the Department or the Baltimore City Health Department as a site
				  where a patient may have an anonymous human immunodeficiency virus test using a
				  code rather than a name for identification.
(10) "Health care
				  facility" means a facility or office where health or medical care is provided
				  to patients by a health care provider including:
(a) A hospital or related institution as
				  defined in Health-General Article, §19-301, Annotated Code of
				  Maryland;
(b) A freestanding
				  medical facility as defined in Health-General Article, §19-3A-01,
				  Annotated Code of Maryland;
(c) A
				  health maintenance organization as defined in Health-General Article,
				  §19-701, Annotated Code of Maryland;
(d) The Department of Public Safety and
				  Correctional Services;
(e) A
				  program approved by the Department to provide human immunodeficiency virus
				  testing services, according to Regulations .03 and .04 of this
				  chapter;
(f) A facility operated by
				  the Department or a local health officer; or
(g) The office of a health care
				  provider.
(11) "Health care
				  provider" means a:
(a) Physician;
(b) Nurse;
(c) Licensed direct-entry midwife;
				  or
(d) Designee of a health care
				  facility.
(12) "Human
				  immunodeficiency virus (HIV)" means a virus that causes AIDS.
(13) "Indeterminate HIV test result" means
				  that a test did not establish either the presence or absence of HIV infection
				  as defined by the CDC's laboratory criteria.
(14) "Informed
				  consent" means the voluntary permission by the patient to be tested for HIV,
				  after the patient receives pretest information as specified in Regulations .06
				  and .08 of this chapter.
(15)
				  "Institutional review board" means a group of individuals designated by an
				  institution in compliance with 45 CFR 46, to review the use of human subjects
				  in proposed research.
(16) "Negative HIV
				  test result" means the test result failed to document the presence of HIV as
				  defined by the CDC's laboratory criteria.
(17) Nonclinical Settings.
(a) "Nonclinical settings " means locations:
(i) That are not health care
				  settings;
(ii) Where medical or
				  treatment services are not provided; and
(iii) Where selected diagnostic services and
				  selected prevention services may be provided.
(b) "Nonclinical settings " may include:
(i) Community based organizations;
(ii) Outreach settings; or
(iii) Mobile vans.
(18) Partner.
(a) 'Partner" means an individual with whom
				  one has:
(i) Had or will have, oral, anal, or
				  vaginal sexual contact; or
(ii)
				  Shared hypodermic needles or other similar drug paraphernalia.
(b) 'Partner" includes any
				  individual who:
(i) Is the marriage partner
				  of an HIV-infected patient; or
(ii) Has been the marriage partner of the
				  HIV-infected patient at any time within the 10-year period before the diagnosis
				  of HIV infection.
(19) "Patient" means any individual who has
				  presented for an HIV test, whether or not the individual chooses to be tested
				  for HIV.
(20) "Positive HIV test
				  result" means the test result has documented the presence of HIV as defined by
				  the CDC's laboratory criteria.
(21) "Post-test
				  information" means notifying a patient about HIV test results and providing a
				  patient with other relevant information after an HIV test has been performed,
				  as required by Regulations .09 and .10 of this chapter.
(22) "Prenatal care " means obstetric and
				  gynecologic services performed as part of a medical care program for a pregnant
				  woman and her unborn child, and may include:
(a) Screening;
(b) Physical examination;
(c) Laboratory and diagnostic testing
				  procedures and interpretation; or
(d) Counseling.
(23)
				  "Pretest information" means providing a patient with information before a
				  specimen is tested for the presence of HIV infection, as required by
				  Regulations .06 and .05 of this chapter.
(24) "Research" means an investigation
				  carried out according to a protocol approved by an institutional review
				  board.
(25) "Secretary" means the
				  Secretary of Health and Mental Hygiene.
(26) "Seropositive"
				  means that a positive HIV test result has been obtained from the test of a
				  patient's specimen.
(27) "Specimen"
				  means a sample of:
(a) Blood;
(b) Other body fluid; or
(c) Body tissue.
(28)
				  " Surrogate consent" means consent given by an individual who is not the
				  patient, as permitted under Health-General Article, §5-605, Annotated Code
				  of Maryland, and other provisions of Maryland law.