N.J. Admin. Code § 8:61-4.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:61-4.5 - HIV screening and testing procedures in labor and delivery

(a) A birthing facility shall adopt written procedures for HIV testing and screening in labor and delivery that require the following:

1. Upon admission, information regarding a woman's HIV status shall be documented in the medical record and the medical record shall be transferred to the labor and delivery site;

2. A clinical practitioner shall provide a pregnant woman who is admitted in labor with unknown, undocumented HIV status or no HIV test during the third trimester, with information on HIV in accordance with 8:61-4.4(c) and shall test the woman for HIV using a rapid HIV test, as soon as medically appropriate, unless the woman objects;

3. A woman shall be provided with the results of the rapid HIV test immediately;

4. The results of the test shall be explained to the woman in accordance with 8:61-4.4(c)3; and

5. A woman's refusal to be tested for HIV shall be documented in the medical record.

(b) A clinical practitioner in a birthing facility who cannot follow through with providing HIV information in accordance with 8:61-4.4(c), or who cannot provide care for a woman with a positive HIV test or a perinatally exposed newborn, shall initiate a referral to another clinical practitioner who, within the scope of practice of the clinical practitioner, is able and willing to provide information on HIV and care for the woman and newborn.

(c) A clinical practitioner in a birthing facility shall not deny appropriate care and treatment to a pregnant woman who refuses to be tested for HIV during labor and delivery and shall not deny a pregnant woman or newborn an HIV test on the basis of the pregnant woman's or newborn's economic status.

N.J. Admin. Code § 8:61-4.5