Citations Affected: IC 16-41-6-8.
Synopsis: Perinatal HIV testing. Requires oral or written consent by
a pregnant woman to have HIV testing to be documented in the
pregnant woman's medical chart instead of requiring a written
statement of consent. Allows a pregnant woman who refuses an HIV
test to refuse either orally or in writing (current law requires that the
refusal be in writing).
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Health and Provider
Services.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
refusal must be noted by an individual described in subsection (a) in
the pregnant woman's medical records.
(e) If a test ordered under section 5 or 6 of this chapter is positive,
an individual described in subsection (a):
(1) shall inform the pregnant woman of the test results;
(2) shall inform the pregnant woman of the treatment options or
referral options available to the pregnant woman; and
(3) shall:
(A) provide the pregnant woman with a description of the
methods of HIV transmission;
(B) discuss risk reduction behavior modifications with the
pregnant woman, including methods to reduce the risk of
perinatal HIV transmission and HIV transmission through
breast milk; and
(C) provide the pregnant woman with referral information to
other HIV prevention, health care, and psychosocial services.
(f) The provisions of IC 16-41-2-3 apply to a positive HIV test under
section 5 or 6 of this chapter.
(g) The results of a test performed under section 5 or 6 of this
chapter are confidential.
(h) As a routine component of prenatal care, every individual
described in subsection (a) is required to provide information and
counseling regarding HIV and the standard licensed diagnostic test for
HIV and to offer and recommend the standard licensed diagnostic test
for HIV.
(i) An individual described in subsection (a) shall: obtain a
statement, signed by the pregnant woman, acknowledging that
(1) document the oral or written consent of the pregnant
woman to be tested in the woman's medical records; and
(2) document that the pregnant woman was counseled and
provided the required information set forth in subsection (b) to
ensure that an informed decision has been made.
(j) A pregnant woman who refuses a test under this section must
may do so orally or in writing.