CHAPTER 434

FORMERLY

SENATE BILL NO. 368

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TESTING OF PREGNANT WOMEN FOR HIV INFECTION.

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

Section 1. Amend §1204, Title 16, Delaware Code by designating the first two sentences thereof as subsection (a) thereof, by designating the remaining sentences thereof as subsection (c) thereof and by inserting a new subsection thereto to read as follows:

“(b) In addition to the provisions of subsection (a) of this section, a licensed health care provider who renders the primary prenatal care for a pregnant woman must offer HIV testing in the third trimester if she is at high risk for acquiring HIV. A woman is at high risk if one or more of the following applies:

(1) A history of a sexually transmitted disease; or

(2) During the pregnancy:

(i) Illicit drug use or the exchange of sex for money or drugs;

(ii) Multiple sex partners or a sex partner known to be HIV-positive or at high risk of acquiring HIV; or

(iii) Signs or symptoms suggestive of acute HIV infection.”.

Approved July 20,2006