Bill Text: NJ S1132 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires HIV testing for pregnant women and marriage license applicants.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-25 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1132 Detail]
Download: New_Jersey-2018-S1132-Introduced.html
Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Requires HIV testing for pregnant women and marriage license applicants.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning testing for HIV among pregnant women and marriage license applicants, amending P.L.1995, c.174 and supplementing Title 37 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1995, c.174 (C.26:5C-16) is amended to read as follows:
2. It is the policy of this State : that [:] testing of all pregnant women for HIV shall be part of routine prenatal care; [and] that, in the absence of a specific [objection] , written refusal by a pregnant woman to the testing [by the pregnant woman], all pregnant women shall be tested for HIV as early as possible in their pregnancy, and again during the third trimester of their pregnancy; that testing of all pregnant women for HIV shall be voluntary and free of coercion; and that a pregnant woman shall not be denied testing for HIV on the basis of her economic status.
a. (1) A physician or other health care practitioner who is the primary caregiver for a pregnant woman shall, in accordance with guidelines developed by the commissioner, provide the woman with information about HIV and AIDS, [and also] including an explanation of HIV infection and the meanings of positive and negative test results, and [also] inform the woman of: the benefits of being tested for HIV as early as possible in the course of her pregnancy and a second time during the third trimester [,] ; the medical treatment available to treat HIV infection if diagnosed early [,] ; the reduced rate of transmission of HIV to a fetus if an HIV-infected pregnant woman receives treatment for HIV [,] ; and the interventions that are available to reduce the risk of transmission of HIV to the fetus and newborn. The information shall be provided orally or in writing, and the woman shall be offered an opportunity to ask questions.
The physician or other health care practitioner shall also advise the woman that HIV testing is recommended for all pregnant women both early in their pregnancy and during the third trimester, and shall indicate that [she] the woman will [receive] be required to be tested for HIV [tests] , as part of the routine panel of prenatal tests , unless [she specifically declines] she expressly indicates, in writing, on a form and in a manner prescribed by the commissioner, her refusal to be tested for HIV.
If a woman receives the information required by this paragraph and does not indicate, in writing, her refusal to be tested for HIV, the physician or other health care practitioner shall test the woman for the presence of HIV.
If a woman [declines] receives the information required by this paragraph and indicates, in writing, that she refuses to be tested for HIV, [the declination] the woman shall be [documented] required to acknowledge, in writing on the same refusal form, and in a manner prescribed by the commissioner, that she has received the information required by this paragraph. The physician shall maintain a copy of the written refusal and acknowledgement form in [her] the woman's medical record. A woman shall not be denied appropriate prenatal or other medical care because she [declines] refuses to be tested for HIV.
(2) A pregnant woman [,] who presents herself for delivery , and has not been tested for HIV during the course of her pregnancy, shall be given the information specified in paragraph (1) of this subsection as soon as may be medically appropriate , and [,] unless [she declines] the woman, after receiving such information, provides a written indication of her refusal to be tested for HIV [after receiving that information] , as provided by paragraph (1) of this subsection, the woman shall be tested for HIV as soon as may be medically appropriate following her receipt of the information.
b. The commissioner shall establish guidelines regarding notification to a woman whose test result is positive, and [to] shall provide, to the maximum extent possible, for counseling about the significance of the test result.
c. Information about a woman , which is obtained pursuant to this section , shall be held confidential in accordance with the provisions of P.L.1989, c.303 (C.26:5C-5 et seq.).
(cf: P.L.2007, c.218, s.2)
2. (New section) a. (1) Before a person who is authorized by law to issue marriage licenses shall issue a marriage license, the applicant therefor shall file a certificate therewith, in accordance with the provisions of this paragraph. The certificate shall be signed either by a physician who is licensed to practice medicine and surgery in this or another state, in the District of Columbia, or in any territory of the United States, or by a commissioned medical officer who is on active duty with the United States Armed Forces or with the United States Public Health Service Commissioned Corps. The certificate shall state that the applicant has submitted to an approved test for the presence of HIV, and has been notified by the physician, in writing, of the result of such test on the form prescribed by the Department of Health pursuant to subsection c. of this section. The physician signing the certificate shall set forth the physician's office address therein, and the certificate shall be valid for 30 days from the date of the first approved test for the presence of HIV, if the test is not completed on the same date.
(2) A physician who is licensed to practice medicine and surgery in this State may submit to the person who is authorized by law to issue marriage licenses, in lieu of the certificate described in paragraph (1) of this subsection, a statement, signed by the physician, which indicates: (a) that the female applicant for the license is near the termination of her pregnancy or that the death of one or both applicants is imminent, and (b) that the physician has taken blood samples adequate for testing for the presence of HIV from the applicant or applicants, excepting those whose death is imminent, and forwarded the samples to the Department of Health laboratory. If such a statement is submitted, the certificate described in paragraph (1) of this section shall not be required.
b. A certificate submitted pursuant to subsection a. of this section shall contain a statement, signed by the person who is in charge of the laboratory conducting the test, or by another person who is authorized by the laboratory to sign the certificate, setting forth the test performed, the date thereof, and the name and address of the person whose blood was tested, and certifying that the laboratory is approved by the Department of Health, the United States Armed Forces, or the United States Public Health Service Commissioned Corps, or by the department of health of the District of Columbia or the territory or state in which the laboratory is situated, to perform tests for the presence of HIV. The applicant shall also sign a statement on the certificate setting forth that he or she is the applicant referred to therein.
c. A certificate submitted pursuant to subsection a. of this section shall either be on a form that is developed by the Department of Health and distributed thereby to approved laboratories in the State, or on a form that is approved by the department for use in this State. Such form shall be known and referenced as the "Premarital Certificate Form." A notice to the applicants, which provides, in a form and manner prescribed by the department, the result of the approved test for the presence of HIV, and information concerning the implications of a positive test result, shall be attached to the Premarital Certificate Form.
d. For the purpose of this section, "an approved test for the presence of HIV" means a test to determine if the human immunodeficiency virus or any related virus identified as a probable causative agent of AIDS is present, which test is performed: (1) in a laboratory of the Department of Health, or in any other laboratory located in this State, which is approved by the Department of Health to conduct the test; (2) in a laboratory located in another state or territory, or in the District of Columbia, which laboratory is owned or operated by the department of health of that respective state, territory, or district, or is approved by such department to conduct the test; or (3) in a laboratory of the United States Armed Forces or the United States Public Health Service Commissioned Corps.
e. Any marriage license applicant, physician, or representative of a laboratory who misrepresents any facts in a "Premarital Certificate Form," in a physician's statement submitted in lieu of such form, or in the notice to the applicants concerning the HIV test; and any licensing officer who refuses to receive a "Premarital Certificate Form" or a physician's statement in lieu thereof, or who issues a marriage license despite having reason to believe that any of the facts in a "Premarital Certificate Form" or physician's statement have been misrepresented; and any person who otherwise fails to comply with the provisions of this section, shall be subject to a penalty of not less than $10 nor more than $100, to be recovered, with costs, in a civil action by and in the name of the local board of health or the Department of Health, in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
f. Nothing in this section shall prohibit a licensing officer from issuing a marriage license to an applicant with a positive result to the test for the presence of HIV.
3. This act shall take effect on the 60th day after enactment.
STATEMENT
This bill requires that pregnant women and applicants for a marriage license obtain a test for the presence of the human immunodeficiency virus (HIV). The bill is intended to protect the health of women and their newborn children.
Although this bill creates a presumption that a pregnant women shall be tested for HIV, and requires this test in order to obtain a marriage license, the bill explicitly provides that a woman shall not be denied appropriate prenatal or other medical care because she decides not to be tested for HIV, and that a person with a positive HIV test result shall not be prohibited from getting married.
The provisions of this bill reflect the medical and pharmacological advancements of the past decade that have made it possible to treat HIV infection and AIDS much more effectively than in the past. Women and their newborn infants with HIV need to be alerted to the presence of the virus so that they can be effectively treated on a timely basis.
The bill takes effect on the 60th day after its enactment.
