N.J. Admin. Code § 8:61-4.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:61-4.6 - HIV Screening and rapid testing procedures of a newborn infant post-delivery

(a) A birthing facility shall inform the parents or legal guardian of a newborn in its care that a newborn infant shall be given a rapid HIV test when the mother's HIV status is undocumented or untested in the third trimester, unless the parents or legal guardian object in writing based upon religious tenets and practices.

(b) If the parents or legal guardian refuse to allow a rapid HIV test to be performed on a newborn infant due to religious tenets and practices, the birthing facility shall obtain a written statement signed by the parents or legal guardian that HIV testing conflicts with their religious tenets or practices, and the birthing facility shall document the objection and include the written statement in the newborn's medical record.

(c) When a newborn infant receives a rapid HIV test, the birthing facility shall provide the parents or legal guardian with the following:

1. An explanation of the recommended antiretroviral preventive treatment for the infant;

2. Appropriate medical care and treatment for the woman and newborn; and

3. The availability of appropriate referrals for her and her newborn to physicians or health care facilities with experience and expertise in providing medical care and services to women with HIV and other social services as necessary.

(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 § 8:61-4.6