Nevada Code § 442.640

Requirement for testing of pregnant woman for human immunodeficiency virus
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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 .

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