68-5-703 - Testing of pregnant women for HIV Confidentiality Counseling.
68-5-703. Testing of pregnant women for HIV Confidentiality Counseling.
(a) A health care provider shall arrange for each pregnant woman under the provider's care to be tested for HIV as early as possible in the course of the pregnancy, and again during the third trimester, unless the woman has refused testing in writing and this refusal has been placed in the medical chart.
(b) A pregnant woman who presents herself for delivery and who does not have a documented negative HIV test during the last trimester of the pregnancy, unless already known to be HIV positive, shall be tested for HIV using a rapid HIV test, unless she refuses in writing. If she refuses testing, and when the time and circumstances are medically appropriate, she should be counseled regarding the consequences of exposing her unborn child to HIV.
(c) All HIV testing performed under this part shall be done in a confidential manner and the results of the testing may be disclosed only as provided by law.
(d) After receiving a positive HIV test result, the medical provider, when the time and circumstances are medically appropriate, shall:
(1) Explain the meaning and reliability of the test results and the availability of additional or confirmatory testing, if appropriate;
(2) Counsel the woman to obtain appropriate medical treatment for herself and her baby and inform her of the increased risks to her baby if she fails to obtain appropriate treatment;
(3) Make available information concerning the available medical interventions to prevent onset of illness in the mother and to prevent transmission of HIV to her children; and
(4) Arrange for additional counseling in order to assist the woman in obtaining access to a comprehensive clinical care facility that can meet her needs.
[Acts 1997, ch. 296, § 3; 2007, ch. 154, § 2.]