New HIV Testing Law Effective September 28, 2011

The MeCDC is reminding clinicians that 5 MRSA §19203-A, Maine's HIV testing and consent law, was amended this past legislative session to include a sixth subsection on the “protection of newborn infants,” which goes into effect this Wednesday, September 28th. 

The amended section of the law requires health care providers caring for pregnant women to include HIV tests in the standard set of medical tests performed, subject to the consent and procedure requirements of 5 MRSA §19203-A, sub-§ 1.  That sections requires that a patient must be informed orally or in writing that an HIV test will be performed, unless the patient declines.

Under the new law, health care providers caring for newborn infants are also required to test the infant for HIV and ensure that the results are available within 12 hours of birth if the health care provider does not know the HIV status of the mother or the health care provider believes that HIV testing is medically necessary.  There is an exception if a parent objects to the test on the grounds that it conflicts with the sincere religious or conscientious beliefs and practices of the parent.  The full text of the new law is available here: http://www.mainelegislature.org/legis/bills/bills_125th/chappdfs/PUBLIC229.pdf 

The amendments to the law are intended to make HIV testing routine and standard for all pregnant women, and to make paramount the interest of the infant.  While consent of the patient is still required, the law now requires that every pregnant woman be offered HIV testing, and further requires that the infant be tested if the HIV status of the mother is unknown (but either parent has the right to object). MMA's three attorneys are able to provide general advice on the intent of the law and its practical implications.  Hospital-based physicians should also look to their institutional health lawyers to assist with some of the more difficult questions about this change in practice