Section 699.10  General Applicability

a)         This Part implements the Perinatal HIV Prevention Act, which concerns the prevention of vertical transmission of HIV infection from mother to newborn infant during pregnancy or labor and delivery.  Subpart A includes general provisions that apply to all Sections of the Part, such as definitions and administrative hearing rules.

b)         Subpart B concerns counseling and testing of pregnant women for the presence of antibodies to the human immunodeficiency virus (HIV).  These provisions set forth the information that must be included in counseling by a health care professional; the written informed consent that a health care professional must obtain prior to performing an HIV test; and requirements for documentation of testing or test results in accordance with the Perinatal HIV Prevention Act and the AIDS Confidentiality Act.

c)         Subpart C provides for counseling and rapid HIV antibody testing in labor and delivery; the requirement for written informed consent for testing the pregnant woman; and post-delivery follow-up services for women who test positive for HIV. 

d)         Subpart D provides for testing of a newborn infant when the mother does not have a documented HIV test result during the current pregnancy.  Testing of the newborn infant is required upon delivery or within 48 hours after the newborn infant's birth, unless the parent or legally authorized representative provides written refusal for HIV testing of the newborn infant.  Referral to post-delivery follow-up services for newborn infants who test positive for HIV is also required.