Maryland AIDS Administration and MedChi - The Maryland State Medical Society Q. When did the new HIV reporting law take effect?
A. The new law went into effect on April 24, 2007.
Q. How is HIV reporting different now from AIDS reporting?
A. Under the new legislation, both will now be the same. HIV reporting will be brought in line with AIDS reporting, which has been name-based since 1985.
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Q. How are HIV and AIDS reporting different from other communicable diseases’ reporting?
A. HIV and AIDS reporting will now be the same as for other communicable diseases, which have always been name-based.
Q. How will the forms change?
A. The morbidity reporting form has been changed to add HIV as a reportable disease or condition.
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Q. How and when must I report each case?
A. Physicians should either call or mail the Maryland Confidential Morbidity Report (DHMH-1140) to their local health officer within 48 hours. HIV and AIDS case reports must NOT be sent by fax or e-mail. Obtain copies of the revised reporting form, instructions and contact information for local health officers.
Q. Do I need to go back and report all of my HIV-positive patients since 1981?
A. Active patients with an HIV infection should be reported to the Health Department within 48 hours of a patient encounter. A patient with a new HIV or AIDS diagnosis should be reported within 48 hours of this diagnosis. In addition, the Health Department may contact you in order to follow up on previously diagnosed cases of HIV.
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Q. Does the health department have access to all of my patients’ records?
A. Just as with other communicable diseases, the health department may ask to see the records for a patient reported as HIV positive to confirm the information and to collect additional information.
Q. How do the new institutional reporting requirements affect me?
A. All clinical and infection control practitioners in hospitals, nursing homes, hospice facilities, medical clinics in correctional facilities, inpatient psychiatric facilities and inpatient drug rehabilitation facilities are required to report, by name, all HIV and AIDS cases under their care. Just as with other communicable diseases, you must report all HIV and AIDS patients under your care, even if an institution reported the same case. Some institutions will report cases on behalf of physicians practicing at their facilities—check with the infectious disease reporting officer at your institution.
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Q. If laboratories are required to report all HIV cases, do I still have to report once I receive my patient’s test result?
A. Yes. Under this law, physicians, inpatient institutions, and laboratories are all required to report all HIV and AIDS cases, just as with other communicable diseases. The health department will verify reports and ensure that reported cases are documented appropriately.
Q. Does the new law affect reporting of research participants?
A. No changes have been made to the current regulations regarding reporting HIV in research participants.
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Q. What are the current laws regarding Informed Consent and Pre/Post Test Counseling for HIV testing?
A. In Maryland, Informed Consent means that the patient must be explicitly told that they are being tested for HIV, and a separate form consenting to an HIV test must be signed by the patient and placed in their chart. Pre and post-test counseling is designed to inform clients about the mechanisms of HIV transmission, general knowledge about the virus, high-risk behaviors, risk-reduction strategies, and most importantly, emotional preparation and support.
Q. Do I need to complete a new consent for all of my patients who were previously reported to the health department by code, in order to report them by name?
A. No. Patients do not need to sign a new consent form. However, if a patient continues in care, and there is a new treatment encounter, you must report the patient by name to the health department within 48 hours. A brochure is available for patients, which explains the changes to the reporting law.
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Q. Am I obligated to inform my patient on name-based reporting prior to testing?
A. Yes. Counseling is an essential component of HIV testing, especially now with new name-based reporting. Q. How do these changes fit with new CDC recommendations for elimination of mandatory informed consent and pre/post test counseling?
A. This legislation only addresses the CDC recommendation for HIV name-based reporting. Maryland’s informed consent and pre/post test counseling requirements remain unchanged under this legislation. Maryland law continues to require a separate consent for HIV testing. The Maryland AIDS Administration and other stakeholders are reviewing current legislation to see how Maryland can further comply with the CDC recommendations to make testing for HIV similar to testing for other communicable diseases.
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Q. What if my patient refuses to be tested because of the new name-reporting requirements?
A. Patients are free to refuse any diagnostic test. Pre and post-test counseling are required in Maryland for all patients undergoing HIV testing, and should include an explanation of confidentiality assurances and the need for name-based reporting. If the patient still refuses to be tested, they should be referred to an anonymous testing site. To find testing facilities and resources in your area, refer to the Maryland DHMH AIDS Administration’s.
Q. Where can I find out more information about the new legislation?
A. The Maryland DHMH AIDS Administration posts all information relating to the legislation, including the bill. Information is also available on the Center for a Healthy Maryland.
Back to top For more information about the Baltimore Regional Perinatal Advisory Group (RPAG) or the RPAG Toolkit, call 410-887-3725.
Revised July 1, 2009 | 
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