N.J. Admin. Code § 8:61-4.7

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:61-4.7 - HIV test results, confidentiality, and reporting

(a) A clinical practitioner or birthing facility that orders an HIV test or receives the results of a positive HIV test shall advise a pregnant woman who tests HIV positive on the following:

1. Recommended treatment to reduce the risk of mother-to-infant HIV transmission;

2. The appropriateness of and need for further testing;

3. Methods to prevent the transmission of HIV;

4. Appropriate medical care and treatment for the woman; and

5. The availability of appropriate referrals for her and her newborn to prevention services, physicians or facilities with experience and training in providing services and treatment to women with HIV and other social services as necessary.

(b) A clinical practitioner or birthing facility shall maintain the confidentiality of HIV information and test results in accordance with the requirements of N.J.S.A. 26:5C-5 through 14 and N.J.A.C. 8:57-1.14, but shall release information and results as follows:

1. For purposes of disease prevention and control, a woman's test results may be provided to the clinical practitioner caring for the woman's infant;

2. HIV positive test results and perinatal exposure shall be reported to the Department in accordance with N.J.A.C. 8:57-2;

3. The medical records of a perinatally exposed newborn and the newborn's mother shall be made available to the Department for audit for epidemiologic purposes; and

4. In accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §§ 1301 et seq. and the rules promulgated thereunder by the United States Secretary of Health and Human Services, which are incorporated herein by reference, as amended and supplemented.

(c) The Department or its designee may contact an infant's health care provider to follow-up on the HIV status and HIV related care of the infant.

N.J. Admin. Code § 8:61-4.7

Amended by 49 N.J.R. 2796(a), effective 8/21/2017