Section 699.300  HIV Testing of a Newborn Infant Post-Delivery

a)          Immediately after birth and within 48 hours after birth, every health care professional or facility shall provide to the parent or legally authorized representative an explanation that the newborn infant will be HIV tested when the mother's HIV status is not documented, unless there is a written refusal for HIV testing by the parent or legally authorized representative of the newborn infant.  (Section 10(c) of the Act)

b)         The health care professional or facility shall document in the woman's medical record that counseling and the offer of  HIV testing for the newborn infant were given in accordance with Section 699.100(c) and (d) of this Part, and whether the parent or legally authorized representative provided written refusal for HIV testing for the newborn infant. (Section 10(c) of the Act)

1)         The health care professional providing the positive result of an HIV test on a newborn infant shall provide to the parent or legally authorized representative an explanation of antiretroviral preventive treatment for HIV exposed newborn infants.

2)         When the newborn infant has tested positive, the health care professional providing information on antiretroviral preventive treatment for the newborn infant shall explain to the mother how the test detects HIV antibodies, offer HIV risk counseling, encourage HIV testing for the mother, and provide referrals to physicians or facilities that have experience treating women and children with HIV.

c)         Consent for testing of a newborn infant shall be presumed when a health care professional or health care facility seeks to perform a test on a newborn infant whose mother's HIV status is not known, provided that the counseling required under Section 10(d) of the Act and subsection (d) of this Section has taken place and the newborn infant's parent or legally authorized representative has not indicated in writing that he or she refuses to allow the newborn infant to receive HIV testing. (Section 10 of the Act)

d)         Counseling Requirements

1)         Counseling required under this Subpart must be provided in accordance with the AIDS Confidentiality Act and must include the following:

A)        The benefits of HIV testing for the pregnant woman, including the prevention of transmission.

B)        The benefit of HIV testing for the newborn infant, including interventions to prevent HIV transmission.

C)        The side effects of interventions to prevent HIV transmission.

D)        The statutory confidentiality provisions that relate to HIV and AIDS testing.

E)         The voluntary nature of the testing, including the opportunity to refuse testing in writing. (Section 10(d) of the Act)

2)         The requirements for counseling and testing must be provided in accordance with the AIDS Confidentiality Act, with the exception of the requirement of consent for testing of newborn infants. (Section 10(e) of the Act)

3)                  Information about HIV infection and HIV transmission.

4)                  Information about the meaning of the test and test results, such as:  the purpose, potential uses, and limitations of the test, rapid HIV test, rapid HIV test results and the need for confirmatory testing.

5)                  Methods of preventing HIV transmission.

6)                  Information about the availability of referrals for further information or counseling.  (Section 5 of the AIDS Confidentiality Act)