TITLE 31 HEALTH

Section 17. Control of Venereal Disease, 31-17-1 through 31-17-8.

ARTICLE 7 EMERGENCY CARDIAC CARE CENTERS

31-17-4.2. HIV and Syphilis Pregnancy Screening.

1. This Code section shall be known and may be cited as the "Georgia HIV/Syphilis Pregnancy Screening Act of 2015."
2. Every physician and health care provider who assumes responsibility for the prenatal care of a pregnant woman during gestation and at delivery shall be required to test such pregnant woman for HIV and syphilis except in cases where the woman refuses the testing. Additionally, every physician and health care provider who provides prenatal care of a pregnant woman during the third trimester of gestation shall offer to test such pregnant woman for HIV and syphilis at the time of first examination during that trimester or as soon as possible thereafter, regardless of whether such testing was performed during the first two trimesters of her pregnancy.
3. If at the time of delivery there is no written evidence that an HIV test or a syphilis test has been performed, the physician or other health care provider in attendance at the delivery shall order that a test for HIV, syphilis, or both be administered at the time of the delivery except in cases where the woman refuses the testing; provided, however, that if available documentation indicates that a test for HIV and syphilis was already performed during the third trimester of her pregnancy in accordance with subsection (b) of this Code section, and the woman does not disclose when questioned any activities posing a risk for infection with HIV or syphilis occurring more recently than would have been detected by such test, the physician or health care provider in attendance at the delivery is not required to order such additional test.
4. The woman shall be notified of the test to be conducted and shall have the opportunity to refuse the test. A pregnant woman shall submit to an HIV test and a syphilis test pursuant to this Code section unless she specifically refuses. If the woman tests positive for HIV or syphilis, counseling services provided by the Department of Public Health shall be made available to her and she shall be referred to appropriate medical care providers for herself and her child.
5. If for any reason the pregnant woman is not tested for HIV and syphilis, that fact shall be recorded in the patient's records, which, if based upon the refusal of the patient, shall relieve the physician or other health care provider of any other responsibility under this Code section.
6. The Department of Public Health shall be authorized to promulgate rules and regulations for the purpose of administering the requirements under this Code section.

(Code 1981, §31-17-4.2, enacted by Ga. L. 2007, p. 173, § 1/HB 429; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2015, p. 1346, § 1/HB 436; Ga. L. 2016, p. 752, § 1/HB 1058.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in the third sentence of subsection (d), and in subsection (f).

The 2015 amendment, effective July 1, 2015, substituted "'Georgia HIV/Syphilis Pregnancy Screening Act of 2015'" for "'Georgia HIV Pregnancy Screening Act of 2007'" in subsection (a); in subsection (b), in the first sentence, substituted "care of a pregnant woman" for "care of pregnant women" near the middle, substituted "test such pregnant woman for HIV and syphilis" for "test pregnant women for HIV" in the middle, and added the second sentence; in subsection (c), inserted "or a syphilis test", substituted "test for HIV, syphilis, or both be administered" for "sample of the woman's blood be taken or a rapid oral test administered", and added the proviso; in subsection (d), inserted "and a syphilis test" in the first sentence, and inserted "for HIV or syphilis" in the second sentence; and inserted "and syphilis" in subsection (e).

The 2016 amendment, effective July 1, 2016, in the first sentence of subsection (d), substituted "notified of the test to be conducted and shall have the opportunity to refuse the test" for "informed of the test to be conducted and her right to refuse", and, at the end of the second sentence, substituted "refuses" for "declines".