54.1-2403.01 - Routine component of prenatal care.
§ 54.1-2403.01. Routine component of prenatal care.
A. As a routine component of prenatal care, every practitioner licensedpursuant to this subtitle who renders prenatal care, including any holder ofa multistate licensure privilege to practice nursing, regardless of the siteof such practice, shall inform every pregnant woman who is his patient thathuman immunodeficiency virus (HIV) screening is recommended for all pregnantpatients and that she will receive an HIV test as part of the routine panelof prenatal tests unless she declines (opt-out screening). The practitionershall offer the pregnant woman oral or written information that includes anexplanation of HIV infection, a description of interventions that can reduceHIV transmission from mother to infant, and the meaning of positive andnegative test results. The confidentiality provisions of § 32.1-36.1, testresult disclosure conditions, and appropriate counseling requirements of §32.1-37.2 shall apply to any HIV testing conducted pursuant to this section.Practitioners shall counsel all pregnant women with HIV-positive test resultsabout the dangers to the fetus and the advisability of receiving treatment inaccordance with the then current Centers for Disease Control and Preventionrecommendations for HIV-positive pregnant women. Any pregnant woman shallhave the right to refuse testing for HIV infection and any recommendedtreatment. Documentation of such refusal shall be maintained in the patient'smedical record.
B. As a routine component of prenatal care, every practitioner licensedpursuant to this subtitle who renders prenatal care, including any holder ofa multistate licensure privilege to practice nursing, regardless of the siteof such practice, upon receipt of a positive test result from a prenatal testfor Down syndrome or other prenatally diagnosed conditions performed on apatient, the health care provider involved may provide the patient withinformation about the Virginia Department of Health genetics program websiteand shall provide the patient with up-to-date, scientific written informationconcerning the life expectancy, clinical course, and intellectual andfunctional development and treatment options for an unborn child diagnosedwith or child born with Down syndrome or other prenatally diagnosedconditions. He may also provide a referral to support services providers,including information hotlines specific to Down syndrome or other prenatallydiagnosed conditions, resource centers or clearinghouses, and other educationand support programs. For the purposes of this section, "prenatallydiagnosed condition" means any fetal health condition identified by prenatalgenetic testing or prenatal screening procedures.
(1995, c. 309; 2004, c. 49; 2007, cc. 780, 822; 2008, c. 641.)