§ 23-13-19 Human immunodeficiency virus (HIV) testing. – (a) Every physician or health care provider attending any person for prenatal care or family planning services shall include HIV screening in these settings so as to promote earlier detection of HIV with unrecognized or no identified risk factors. HIV testing shall be included in the routine panel of prenatal tests for all pregnant women unless testing is declined. Repeat testing in the third (3rd) trimester is recommended if determined by the physician.
(b) No person shall order the performance of an HIV-related test without first providing the information and counseling set forth in subsection 23-13-19(c), informing the woman that she has a right to decline testing, and obtaining the oral consent of the patient to be tested, or of a person authorized to consent to health care for such individual, which consent and counseling shall be documented in the patient's medical record.
(c) Prior to performing an HIV-related test, patients shall be provided pre-test counseling. To allow greater flexibility for pre-test counseling by allowing client-specific counseling, a physician or health care provider may tailor HIV counseling to best meet the needs of the individual to be tested. Decisions concerning tailoring and the extent of pre-test counseling shall be made on a case-by-case basis, but in no event shall a woman be tested for HIV pursuant to this section without being provided with oral or written information that includes the following:
(1) An explanation of HIV infection;
(2) A description of the interventions that can reduce HIV transmission from mother to infant;
(3) The meaning of positive and negative test results;
(4) An opportunity to ask questions.
The department of health shall provide appropriate health care providers with the written information, in multiple languages, required in subsections (1), (2) and (3) herein.
(d) No physician or health care professional providing prenatal health services to a pregnant woman shall perform an HIV test of any woman who has not given consent to testing.
(e) In the event that a pregnant woman tests positive for HIV/AIDS, the physician, health care provider or counselor shall provide post-test counseling, which shall include information about:
(1) The meaning of the test result;
(2) The possible need for additional testing;
(3) Measures to prevent the transmission of HIV;
(4) Measures to prevent perinatal HIV transmission; and
(5) The availability of, and referrals for, appropriate health care services, including mental health care, and appropriate social and support services.
(f) All HIV testing pursuant to this section shall be kept confidential in accordance with § 23-6-17.
(g) No physician or health care provider shall discriminate against a woman because she is HIV positive or has declined to take an HIV test.
(h) In the event an individual consents to anonymous testing and tests positive for HIV, the HIV testing counselor shall discuss with the client options regarding referrals and reporting of this positive screening, including the necessity of accessing a physician. The department of health shall maintain sites for providing both anonymous and confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of health, shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance, offer a sliding scale for payment for all other individuals and, in the case of confidential testing, screen for ability to pay through a third-party insurer. In the case of nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance.
(i) All persons tested under this section shall be counseled and tested in accordance with regulations promulgated by the department of health.