CHAPTER 520

FORMERLY

HOUSE BILL. NO. 626

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HIV TESTING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 12. Title 16 of the Delaware Code by changing the number al the current Section 1204 to 1205 and adding a new Section 1204 to read as follows.

"§1204. Counseling of all pregnant women.

As a routine component of prenatal care, every licensed health care provider who renders the primary prenatal care, regardless of the site of such practice. shall advise every pregnant woman who is his or her patient of the value of testing for Human Immunodeficiency Virus (HIV) infection and shall request of each such pregnant woman informed consent to such testing. Practitioners shall also counsel all pregnant ‘‘ women who are found to be HIV positive about the dangers to her fetus and the advisability at receiving treatment in accordance with the then current Centers for Disease Control and Prevention recommendations for HIV positive pregnant women. Any pregnant woman shall have the right to refuse consent to testing IIIV infection and am recommended treatment. Documentation of such refusal shall he maintained in the patient's medical record. All the other provisions of this chapter shall apply to such counseling, testing, and disclosure which takes places pursuant to this Section.''

Approved July 17. 1996