Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 90 - REGULATIONS FOR DISEASE REPORTING AND CONTROL › Part VI - Venereal Disease › Section 12VAC5-90-130 - Prenatal testing

Current through Register Vol. 40, No. 24, July 15, 2024
Every physician, physician assistant, or nurse practitioner
					 attending a pregnant patient during gestation shall examine and test such
					 patient for syphilis, hepatitis B surface antigen (HBsAg), and any other
					 sexually transmitted disease as clinically indicated within 15 days after
					 beginning such attendance. A second prenatal test for syphilis and HBsAg shall
					 be conducted at the beginning of the third trimester (28 weeks) for patients
					 who are at higher risk for these diseases. Persons at higher risk for syphilis
					 include those who have had multiple sexual partners within the previous year,
					 those with any prior history of a sexually transmitted disease, and those
					 living in communities and populations in which the prevalence of syphilis is
					 high. Persons at higher risk for hepatitis B virus infection include injecting
					 drug users and those with personal contact with a hepatitis B patient, multiple
					 sexual partners, and/or occupational exposure to blood. If the patient first
					 seeks care during the third trimester, only one test shall be required. As a
					 routine component of prenatal care, every licensed practitioner who renders
					 prenatal care, including any holder of a multistate licensure privilege to
					 practice nursing, regardless of the site of such practice, shall inform every
					 pregnant patient that human immunodeficiency virus (HIV) screening is
					 recommended for all pregnant patients and that she will receive an HIV test as
					 part of the routine panel of prenatal tests unless she declines (opt-out
					 screening). The practitioner shall offer the pregnant patient oral or written
					 information that includes an explanation of HIV infection, a description of
					 interventions that can reduce HIV transmission from mother to infant, and the
					 meaning of positive and negative test results. The confidentiality provisions
					 of § 32.1-36.1 of the Code of Virginia and the test result disclosure
					 conditions and appropriate counseling requirements of § 32.1-37.2 of the
					 Code of Virginia shall apply to any HIV testing conducted pursuant to this
					 section. The Centers for Disease Control and Prevention (CDC) recommends a
					 second HIV test for patients who receive health care in jurisdictions with
					 elevated incidence of HIV or AIDS among women aged 15 through 45 years, which
					 includes Virginia. Practitioners should offer a second HIV test during the
					 third trimester to all pregnant patients. Practitioners shall counsel all
					 pregnant patients with HIV-positive test results about the dangers to the fetus
					 and the advisability of receiving treatment in accordance with the then current
					 CDC recommendations for HIV-positive pregnant patients. Any pregnant patient
					 shall have the right to refuse testing for HIV infection and any recommended
					 treatment. Documentation of such refusal shall be maintained in the patient's
					 medical record.
Statutory Authority
§ 32.1-35 of the Code of Virginia.