§ 20-15-101 — Hepatitis C screening during pregnancy

(a) (1) In addition to the testing of pregnant women required under § 20-16-507 , a physician or a healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or any other person who is attending or providing medical treatment to a pregnant woman in this state shall: (A) Take or cause to be taken a sample of venous blood or other approved specimen as early as reasonably possible in the pregnancy or at the time of delivery if the physician or healthcare provider did not attend the pregnant woman prenatally; and (B) Submit the sample to an approved laboratory for a standard test for Hepatitis C. (2) (A) If the pregnant woman declines to be tested for Hepatitis C, the physician or healthcare provider shall record in the patient's medical records that the pregnant woman was not tested for Hepatitis C based upon the refusal of the patient. (B) The record of a patient refusal relieves the physician, the healthcare provider, and the Department of Corrections of any responsibility under this subsection. (b) A physician or healthcare provider who is attending a pregnant woman in this state for conditions relating to pregnancy or other person who is attending or providing medical treatment to a pregnant woman shall: (1) Inform a pregnant woman that Hepatitis C may be transmitted from a mother with Hepatitis C to her unborn child and that Hepatitis C may be prevented if the mother's Hepatitis C is diagnosed and treated; and (2) Provide counseling and instruction to the pregnant woman regarding Hepatitis C in a manner determined by the Department of Health based on contemporary state and federal standards. (c) (1) Records, reports, data, or other information collected or maintained under this section that identify or could be used to identify an individual patient, healthcare provider, or institution are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., or subject to subpoena, discovery, or introduction into evidence in a civil proceeding. (2) Subdivision (c)(1) of this section does not affect the reports required to be submitted by the Department of Health under any other laws, rules, or federal regulations.

Legislative History

Amended by Act 2023, No. 205,§ 2, eff. 8/1/2023. Added by Act 2021, No. 598,§ 2, eff. 7/28/2021.