N.J. Admin. Code § 8:61-4.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:61-4.4 - HIV screening procedures for pregnant women

(a) A clinical practitioner who is the primary care provider for a pregnant woman or who makes a diagnosis of pregnancy shall recommend and provide a woman with an HIV test as early as possible in her pregnancy and during the third trimester, unless she objects verbally or in writing, or is known to be HIV positive.

(b) A clinical practitioner shall document in the medical record:

1. A woman's refusal to be tested for HIV; and

2. The date of each HIV test and the test result.

(c) A clinical practitioner acting as the primary care provider shall offer a woman early in the course of her pregnancy, and during the third trimester, information about HIV including, but not limited to, the following:

1. Routine HIV testing is part of prenatal testing unless a woman declines;

2. How HIV is transmitted;

3. Information about the meaning of an HIV test and test results including, but not limited to, the purpose of the test, rapid HIV test results both positive and negative, and the possible need for additional testing;

4. The benefits of HIV testing as early in pregnancy as possible and in the third trimester, including the importance of knowing whether she is infected with HIV;

5. The benefits of HIV testing for newborns, including interventions to prevent HIV transmission;

6. The medical treatment available to treat HIV infection if diagnosed early;

7. The reduced rate of HIV transmission to a fetus if an HIV infected pregnant woman receives treatment for HIV;

8. The protection and confidentiality provisions pertaining to HIV; and

9. The right to refuse an HIV test without prejudice, fear or denial of appropriate prenatal care due to this refusal.

(d) A clinical practitioner shall provide the information required by (c) above prior to HIV testing to a woman verbally, through the use of brochures, video or through any other type of media, and shall offer the pregnant woman an opportunity to ask questions upon receipt of this information.

(e) A clinical practitioner shall document a woman's receipt of the information required by (c) above in the medical record.

(f) A clinical practitioner acting as the woman's primary care provider may assign the responsibilities of (a) through (e) above for providing HIV information and routine HIV testing to another clinical practitioner whose scope of practice includes these tasks, or the clinical practitioner acting as a woman's primary care provider may delegate these tasks to a trained HIV counselor.

(g) A clinical practitioner acting as the woman's primary care provider shall ensure that the assigned or delegated tasks are performed in the manner required by this section, and that the performance of the assigned or delegated tasks is within either:

1. The scope of practice of the clinical practitioner to whom the tasks are assigned; or

2. The level of capabilities in which the HIV counselor has been trained.

(h) A clinical practitioner shall not:

1. Deny appropriate prenatal care or other medical care to a pregnant woman who refuses to be tested for HIV;

2. Offer an HIV test if the woman's positive HIV status is already documented in her medical record; or

3. Deny a pregnant woman or newborn an HIV test on the basis of economic status.

N.J. Admin. Code § 8:61-4.4