SUBPART B. PREGNANT WOMEN

§1121.21. Blood samples; standard test

            A.(1)(a) Every primary, treating healthcare provider who provides routine prenatal care, services, or screening to a pregnant woman shall provide HIV and syphilis blood tests to the pregnant woman during the pregnant woman's initial prenatal care visit with that healthcare provider during the woman's first trimester and the pregnant woman's first prenatal care visit in the third trimester with that healthcare provider or as soon as possible thereafter.

            (b) Any admitting healthcare provider who attends any pregnant woman during labor and delivery shall provide HIV and syphilis blood tests to the pregnant woman at that time. The pregnant woman shall be informed that the testing will be performed unless the woman declines the testing.

            (c) A blood sample shall be taken and submitted to any approved laboratory for a standard test for syphilis as approved by the American Board of Pathology and a standard diagnostic HIV test approved by the Food and Drug Administration, unless the pregnant woman has declined the testing.

            (2) In addition to the tests required in this Section, the pregnant woman shall be tested for chlamydia and gonorrhea at the first prenatal visit, and if a pregnant woman tests positive or it is deemed necessary by the healthcare provider, he shall offer testing in the third trimester.

            B. For purposes of this Section, "healthcare provider" means a licensed physician, licensed advanced practice registered nurse or nurse practitioner, licensed physician assistant, or licensed or certified midwife.

            C. All testing that is provided by a healthcare provider pursuant to the provisions of this Section shall be considered a medically necessary covered service by any health insurance issuer as defined in R.S. 22:1005 and by any managed care organization as defined in R.S. 46:460.51. In addition, health insurance issuers and managed care organizations shall be prohibited from requiring prior authorization or imposing any utilization management requirements as a condition of payment for any testing provided pursuant to the provisions of this Section.

            Acts 2007, No. 153, §1; Acts 2014, No. 459, §1, eff. June 4, 2014; Redesignated from R.S. 40:1091 by HCR 84 of 2015 R.S.; Acts 2025, No. 437, §1, eff. June 20, 2025.