HIV testing is generally confidential in Maryland. However, doctors, hospitals and laboratories are required to report positive test results to the county health department. Results may be published in summaries which do not disclose the testees’ names.

A competent adult can consent to a HIV test in Maryland, which also allows a child who can understand the counseling to permit such a test. Otherwise, a person legally designated to make medical decisions for the person to be tested can consent to the test.

Certain individuals are to be notified within 48 hours of a positive test revealing HIV or other contagious disease of someone they dealt with. These include emergency workers, law enforcement officers and correctional officers. The notification does not require the consent of the testee though it keeps the name of both the testee and the person notified confidential.

A blood donor must be informed the blood taken will be tested for HIV and that positive results will be reported to the Health Department. The donor must provide written consent to such testing and reporting.

Before taking blood for a HIV test, a heath care provider must provide counseling and obtain the patient’s written consent. A health care provider must present a pregnant woman with counseling regarding HIV testing, including that the woman must consent in order for a test to occur and that prenatal care will still be provided if the test is refused. This counseling will include how, given a positive result, HIV may be transmitted to the fetus and ways to reduce that risk.

If a health care provider is exposed to HIV-possible fluid, the provider may request that a doctor, nurse or person designated by the health care facility ask the patient for consent to take a HIV test. In order for this to occur, the exposed employee must provide written notice of the exposure to the facility’s CEO or the CEO’s designee and have the exposure confirmed by another person who is a physician. Further, the exposed employee must give written consent and submit to a HIV test. A person authorized to make medical decisions for the patient who is the potential source of HIV may provide the consent. Counseling will be offered in the event of a positive test for either person. The HIV test shall not be recorded in either person’s file but rather in a separate confidential file.

An inmate can be required (without the inmate’s consent) to give a blood sample for a HIV test when the inmate was found guilty of violating an institutional rule during which a correctional employee was exposed to HIV-potential fluid. The employee must give written notice of the exposure to the warden or other managing official of the institution and the exposure must be confirmed by a health care provider.

A negative HIV test result is required for a license to engage in a contest as a boxer or kick boxer.