§ 16-41-6-8 — Informing pregnant woman of information; documenting information given and a refusal of test; information if test results positive; confidentiality

Indiana § 16-41-6-8

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 6: Communicable Disease: Mandatory Testing of

Text

(a) This section applies to a physician or an
advanced practice registered nurse who orders an HIV test under
section 5 or 6 of this chapter or to the physician's or nurse's designee.
(b) An individual described in subsection (a) shall:
(1) inform the pregnant woman that:
(A) the individual is required by law to order an HIV test unless
the pregnant woman refuses; and
(B) the pregnant woman has a right to refuse the test; and
(2) explain to the pregnant woman:
(A) the purpose of the test; and
(B) the risks and benefits of the test.
(c) An individual described in subsection (a) shall document in the
pregnant woman's medical records that the pregnant woman received
the information required under subsection (b).
(d) If a pregnant woman refuses to consent to an HIV test, the
refusal must be noted by an individual described in subsection (a) in
the pregnant woman's medical records.
(e) If a test ordered under section 5 or 6 of this chapter is positive,
an individual described in subsection (a):
(1) shall inform the pregnant woman of the test results;
(2) shall inform the pregnant woman of the treatment options or
referral options available to the pregnant woman; and
(3) shall:
(A) provide the pregnant woman with a description of the
methods of HIV transmission;
(B) discuss risk reduction behavior modifications with the
pregnant woman, including methods to reduce the risk of
perinatal HIV transmission and HIV transmission through
breast milk; and
(C) provide the pregnant woman with referral information to
other HIV prevention, health care, and psychosocial services.
(f) The provisions of IC 16-41-2-3 apply to a positive HIV test under
section 5 or 6 of this chapter.
(g) The results of a test performed under section 5 or 6 of this
chapter are confidential.
(h) As a routine component of prenatal care, every individual
described in subsection (a) is required to provide information and
counseling regarding HIV and the standard licensed diagnostic test for
HIV and to offer and recommend the standard licensed diagnostic test
for HIV.
(i) An individual described in subsection (a) shall document:
(1) the oral or written consent of the pregnant woman to be tested;
and
(2) that the pregnant woman was counseled and provided the
required information set forth in subsection (b) to ensure that an
informed decision has been made.
(j) A pregnant woman who refuses a test under this section must do
so in writing.

Legislative History

As added by P.L.237-2003, SEC.11. Amended by P.L.97-2004, SEC.68; P.L.112-2011, SEC.1; P.L.129-2018, SEC.15.