SUBPART B. PREGNANT WOMEN
§1121.21. Blood samples; standard test
A. Every physician who attends any pregnant woman for conditions relating to
pregnancy during the period of gestation shall offer to take or to have taken a sample of her
blood at the time of first examination or as soon as possible thereafter. Additionally, every
physician who attends any pregnant woman for conditions relating to pregnancy during the
third trimester of gestation shall offer to take or to have taken a sample of her blood at the
time of first examination during such trimester or as soon as possible thereafter, regardless
of whether such a sample was taken or offered during the first two trimesters of her
pregnancy. Every physician who attends any pregnant woman during labor or delivery shall
offer to take or to have taken a sample of her blood at such time or as soon as possible
thereafter. If available documentation indicates that a sample of her blood was already
screened in accordance with this Section during the third trimester of her pregnancy, and she
does not disclose when questioned any activities posing a risk for infection with HIV or
syphilis occurring more recently than would have been detected by such screening, the
attending physician during labor or delivery is not required to offer to take or to take a blood
sample. If no objection is made by the woman, 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 for a standard diagnostic HIV test approved by the Food and Drug
Administration.
B. All other persons permitted by law to attend pregnant women but not permitted
to take blood samples shall have a sample of the blood of every pregnant woman attended
by them taken by a duly licensed physician, if no objection to the taking of the sample is
made by the woman, and submitted to an approved laboratory for a standard test for syphilis
and a standard diagnostic HIV test.
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.