I

103D CONGRESS

2D SESSION H. R. 4507

To require in certain circumstances that States disclose the HIV status

of newborn infants to legal guardians of the infants, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1994

Mr. ACKERMAN introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To require in certain circumstances that States disclose the

HIV status of newborn infants to legal guardians of

the infants, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Newborn Infant HIV

5 Notification Act’’.

6 SEC. 2. STATE DISCLOSURES TO LEGAL GUARDIANS OF HIV

7 STATUS OF NEWBORN INFANTS.

8 (a) IN GENERAL.—If a State requires that the results

9 of the HIV testing of a newborn infant be reported to the

10 State (or the State conducts an HIV test of the infant),
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1 the State shall promptly disclose the results of the testing

2 in accordance with the following, as applicable to the in3 fant involved:

4 (1) To the biological mother of the infant, if the

5 mother is a legal guardian of the infant.

6 (2) If the State is the legal guardian of the in7 fant:

8 (A) To the appropriate official of the State

9 agency with responsibility for the care of the in10 fant.

11 (B) To the appropriate official of each au12 thorized agency providing assistance in the

13 placement of the infant.

14 (C) If the authorized agency is giving sig15 nificant consideration to approving an individ16 ual as a foster parent of the infant, to the pro17 spective foster parent.

18 (D) If the authorized agency is giving sig19 nificant consideration to approving an individ20 ual as an adoptive parent of the infant, to the

21 prospective adoptive parent.

22 (3) If neither paragraph (1) nor (2) is applica23 ble, to another legal guardian of the infant.

24 (b) HIV COUNSELING.—In disclosing test results

25 under subsection (a) to an individual (other than a disclo-
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1 sure to an official of a State or an authorized agency),

2 the State shall ensure that appropriate counseling on the

3 human immunodeficiency virus is provided to the individ4 ual.

5 SEC. 3. DEFINITIONS.

6 For purposes of this Act:

7 (1) The term ‘‘authorized agency’’, with respect

8 to the placement of a child (including an infant) for

9 whom a State is a legal guardian, means an entity

10 licensed or otherwise approved by the State to assist

11 in such placement.

12 (2)(A) The terms ‘‘HIV testing’’ and ‘‘HIV

13 test’’ mean medically valid testing to determine

14 whether an individual is infected with HIV.

15 (B) The term ‘‘HIV’’ means the human

16 immunodeficiency virus.

17 (C) The term ‘‘human immunodeficiency virus’’

18 means the etiologic agent for acquired immune defi19 ciency syndrome.

20 (3) The term ‘‘results’’, with respect to a HIV

21 test of an individual, means a medically valid deter22 mination that the individual is not infected with the

23 human immunodeficiency virus, or is infected with

24 the virus, as the case may be.
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1 SEC. 4. EFFECTIVE DATE.

2 This Act is effective in the case of HIV testing con3 ducted on or after the date of the enactment of this Act.

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