Notification, Discrimination, State Programs, Criminal Law (Maryland)
Notification of test results in Maryland must be provided to the testee. A blood donor whose blood was tested for HIV must be notified of a positive result.
Partner notification is the responsibility of the HIV positive testee, though assistance may be requested of partner notification programs. Upon the testee’s refusal to notify a partner, the physician who gave post-test counseling may, but is not required to, notify county health department. If it is notified, the county health department must attempt to locate the testee’s partners and provide information about appropriate resources but without revealing the testee’s identity.
Discrimination is prohibited by licensed health care professionals, and in housing, employment, public accommodations and government services. Emergency workers, law enforcement officers and correctional officers cannot refuse to treat or transport a deceased person because of the decedent’s positive HIV status.
Members of 24 professions (including massage therapists) can be disciplined or have their licenses revoked for denying professional services to or discriminating against a HIV positive individual. However, a professional is only required to provide professional services which the professional is qualified to render. An action which is outside the scope of the profession need not be performed. For example, at a certain state AIDS patients may have open sores. It is generally agreed in the massage industry that open sores are a contraindication for massage, i.e., that massage should not be performed while open sores are present. It would not be discrimination to practice professional strictures and not massage a person who had open sores.
A patient’s refusal to consent to a HIV test by a health care provider may not, on its own, be used to deny service to the patient.
A real estate agent (or other seller of a home) need not disclose the fact that the previous owner or occupant had AIDS.
Maryland shall administer an insurance program for 450 lower-income persons who are HIV-positive and thus unable to work. This program shall pay the health insurance premiums for these individuals.
Willfully transferring (or attempting to transfer) the HIV virus to another person is a misdemeanor.
Persons who are convicted of or plead guilty or nolo contendere to crimes relating to prostitution or listed in the Maryland Controlled Dangerous Substances Act are required to participate in an AIDS education program.