Nevada § 442.640 - Requirement for testing of pregnant woman for human immunodeficiency virus

§ 442.640. Requirement for testing of pregnant woman for human immunodeficiency virus

1. A provider of health care who provides prenatal care to a woman during the first

trimester of her pregnancy shall ensure that the woman receives, at her first visit

or as soon thereafter as practicable, the routine prenatal screening tests recommended

for all pregnant women by the Centers for Disease Control and Prevention, including,

without limitation, a screening test for the human immunodeficiency virus, unless

the woman chooses not to have a screening test for the human immunodeficiency virus

or any of the other prenatal screening tests. 2. A provider of health care who provides prenatal care to a woman during the third

trimester of her pregnancy shall ensure that the woman receives, between the 27th

and the 36th week of gestation or as soon thereafter as practicable, a test for the

human immunodeficiency virus if she: (a) Has not been tested for the human immunodeficiency virus earlier during her pregnancy

or the results of an earlier test are not available; or (b) Is at high risk for infection with the human immunodeficiency virus, unless the woman chooses not to have such a test. 3. A provider of health care who attends or assists a woman during childbirth shall: (a) Ensure that the woman receives a rapid test for the human immunodeficiency virus

if she has not been tested for the human immunodeficiency virus earlier during her

pregnancy or the results of an earlier test are not available, unless the woman chooses

not to have such a test; and (b) If the rapid test is administered and the result of the rapid test is positive

for the presence of antibodies to the human immunodeficiency virus, offer to initiate

antiretroviral prophylaxis to reduce the risk of perinatal transmission of the human

immunodeficiency virus as soon as practicable after receiving the result of the rapid

test and without waiting for the results of any other test administered to confirm

the result of the rapid test. 4. For the purposes of this section, a woman is at high risk for infection with the

human immunodeficiency virus if she: (a) Receives health care in: (1) A jurisdiction that the Centers for Disease Control and Prevention has identified

as having an elevated incidence of human immunodeficiency virus or acquired immunodeficiency

syndrome among women between the ages of 15 and 45 years; or (2) A health care facility that, under the standards of the Centers for Disease Control

and Prevention, is considered a high-risk clinical setting because prenatal screening

has identified at least one pregnant woman who is infected with the human immunodeficiency

virus for each 1,000 pregnant women screened at the facility; or (b) Reports having one or more of the risk factors for infection with the human immunodeficiency

virus identified by the Centers for Disease Control and Prevention, including, without

limitation: (1) Engaging in sexual activities with more than one person during the pregnancy without

using effective measures to protect against the transmission of the human immunodeficiency

virus. (2) Engaging in sexual activity with another person in exchange for money or other

compensation. (3) Engaging in sexual activity with another person who is infected with the human

immunodeficiency virus or who has one or more of the risk factors for infection with

the human immunodeficiency virus identified by the Centers for Disease Control and

Prevention. (4) Receiving treatment for a sexually transmitted disease. (5) Using a controlled substance or a dangerous drug. (6) Receiving a blood transfusion between 1978 and 1985, inclusive. 5. As used in this section, “ dangerous drug ” has the meaning ascribed to it in NRS 454.201 .