N.J. Admin. Code § 8:61-4.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 8:61-4.4 - HIV testing of newborns

(a) A birthing facility shall ensure that each newborn in its care receives an HIV test if the HIV infection status of the newborn's delivering parent is unknown, and/or undocumented, unless, following the birthing facility notifying a newborn's parent that the test is to be performed as part of routine newborn postnatal care:

1. The parent objects to the test as being in conflict with the parent's religious tenets and practices; and

2. The parent submits a written statement of the objection to the birthing facility, which shall maintain the written statement as part of the newborn's medical record.

(b) If the result of an expedited HIV test that is performed on a newborn pursuant to (a) above is positive for HIV infection, the birthing facility shall ensure that a health care provider:

1. Explains to the newborn's parent the appropriateness of initiation of immediate antiretroviral prophylaxis measures for the newborn without awaiting the result of supplemental testing, consistent with the Perinatal HIV Clinical Guidelines;

2. Informs the delivering parent that the identification of HIV infection in the newborn indicates that the delivering parent is HIV-infected;

3. Provides the delivering parent and the newborn appropriate medical care and treatment, including follow-up supplemental testing (virologic testing 14 days post-delivery) in accordance with the Perinatal HIV Clinical Guidelines; and

4. Initiates referrals of the delivering parent and the newborn, as appropriate under the circumstances, to health care providers, health care facilities, and other resources through which the delivering parent and the newborn can receive HIV care, counseling, and other clinical and social services.

i. See N.J.A.C. 8:61-4.2(e)3i for referral resources.

(d) A birthing facility shall:

1. Perform an HIV test on a newborn infant, as soon as possible after birth, unless the parents or legal guardian object in accordance with (a) above;

2. Document the date of a positive HIV test on the newborn in the medical record; and

3. Arrange and initiate the provision of follow-up testing of a perinatally exposed newborn in accordance with the most recent Public Health Task Force Recommendations for the use of Antiretroviral Drugs in Pregnant HIV Infected Women for Maternal Health and Interventions to reduce perinatal HIV transmission in the United States.

(e) For the purposes of this section, "parents" shall include both parents when available or a legally responsible parent when only one parent is available.

N.J. Admin. Code § 8:61-4.4

Amended and Recodified from 8:61-4.6 by 57 N.J.R. 29(a), effective 1/6/2025