ASSEMBLY, No. 1793

STATE OF NEW JERSEY

INTRODUCED MARCH 28, 1996

By Assemblywoman VANDERVALK

An Act concerning health care services for pregnant women and amending P.L.1995, c.174.

    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. a. A physician or other health care practitioner who is the primary caregiver for a pregnant woman or a woman who seeks treatment within four weeks of giving birth, shall, in accordance with guidelines developed by the commissioner, provide the woman with information about HIV and AIDS, and also inform the woman of the benefits of being tested for HIV and present her with the option of being tested. The physician or other health care practitioner shall also inform the woman about the opportunity, if she tests positive for HIV, to use certain medications to reduce the risk of transmitting the virus to her child. The woman shall, on a form and in a manner prescribed by the commissioner, acknowledge receipt of the information and indicate her preference regarding testing. A woman shall not be denied appropriate prenatal or other medical care because she decides not to be tested for HIV or to use certain medications to reduce the risk of transmitting the virus to her child.

    b. The commissioner shall establish guidelines regarding notification to a woman whose test result is positive, and to 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.1995, c.174, s.2)

    2. This act shall take effect immediately.

STATEMENT

    This bill amends P.L.1995, c.174 (C.26:5C-15 et seq.), which requires the primary caregiver of a pregnant women or new mother to provide her with information about the human immunodeficiency virus (HIV) and AIDS, and also inform the woman of the benefits of being tested for HIV and present her with the option of being tested.    The bill clarifies the intent of this statute by explicitly requiring the health care practitioner to inform the woman of the opportunity which she would have, if she tests positive for HIV, to use certain medications to reduce the risk of transmitting the virus to her child.

Requires health care practitioner to inform pregnant woman of the opportunity to use certain medications to reduce the risk of transmitting HIV to her child.