Bill Text: IN SB0581 | 2011 | Regular Session | Engrossed
Bill Title: HIV testing of pregnant women.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0581 Detail]
Download: Indiana-2011-SB0581-Engrossed.html
Citations Affected: IC 16-41.
Synopsis: HIV testing of pregnant women. 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.
Effective: July 1, 2011.
(HOUSE SPONSORS _ CROUCH, WELCH)
January 20, 2011, read first time and referred to Committee on Health and Provider
Services.
February 10, 2011, amended, reported favorably _ Do Pass.
February 15, 2011, read second time, amended, ordered engrossed.
February 16, 2011, engrossed.
February 17, 2011, read third time, passed. Yeas 50, nays 0.
March 28, 2011, read first time and referred to Committee on Public Health.
April 4, 2011, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(b) An individual described in subsection (a) shall:
(1) inform the pregnant woman that:
(A) the individual is required by law to order an HIV test unless the pregnant woman refuses; and
(B) the pregnant woman has a right to refuse the test; and
(2) explain to the pregnant woman:
(A) the purpose of the test; and
(B) the risks and benefits of the test.
(c) An individual described in subsection (a) shall document in the pregnant woman's medical records that the pregnant woman received the information required under subsection (b).
(d) If a pregnant woman refuses to consent to an HIV test, the
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
document:
(1) the oral or written consent of the pregnant woman to be
tested; and
(2) 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 do
so in writing.
