To amend chapter 191, RSMo, by adding thereto one new section relating to testing for HIV and aids.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 191, RSMo, is amended by adding thereto one new section, to be known as section 191.654, to read as follows:

     191.654. 1. Every licensed health care professional who provides obstetrical care to pregnant women in the state of Missouri, shall counsel pregnant women regarding HIV infection, encourage these women to be tested for human immunodeficiency virus (HIV) infection and provide counseling for those women who test positive.

     2. Health care professionals who provide obstetrical care to pregnant women shall counsel each pregnant woman in the health care professional's care as early as possible in the course of the pregnancy. Such counseling, which may utilize written material or videos, shall provide information on:

     (1) The nature of HIV infection;

     (2) The methods by which HIV may be transmitted;

     (3) The medical treatment available for HIV infection if diagnosed early;

     (4) The reduced rate of transmission of HIV to a fetus if an HIV-infected pregnant woman receives treatment for the infection;

     (5) The advantages of being tested for the HIV infection as early as possible in the course of the pregnancy;

     (6) The reliability of tests for HIV infection; and

     (7) The procedures regarding the confidentiality of test results.

     3. Each pregnant woman shall be given the opportunity to refuse HIV testing in writing after she has received the counseling and information specified in subsection 2 of this section.

     4. After receiving a positive HIV test result from a testing laboratory, the health care professional shall disclose the positive test result to the woman tested under this section and shall:

     (1) Explain the meaning and reliability of the test results and the availability of additional or confirmatory testing, if appropriate;

     (2) Counsel the woman on how to obtain appropriate medical treatment for herself and her baby and inform her of the increased risk to her baby if she fails to obtain such treatment;

     (3) Provide information concerning the available medical interventions to prevent onset of illness in the mother and to prevent the transmission of HIV infection to her children; and

     (4) Arrange for additional counseling in order to assist the woman in obtaining access to a comprehensive clinical care facility that can meet her needs, if needed.

     5. Each health care professional who provides obstetrical care to pregnant women shall report to the Missouri department of health on a monthly basis the total number of such women who were tested for the HIV infection, the total number of women who tested positive and the total number of women who refused to be tested. The reports shall be made on forms provided by the department.

     6. Each quarter the department shall compile the reports and publish the total number of pregnant women tested, the total number of pregnant women refusing such test, and the total number of women testing positive in the previous quarter for the entire state, for each county and for the city of St. Louis.

     7. The department shall make available to all health care professionals providing obstetrical care to pregnant women guidelines and information regarding the recommended content of the written materials, written refusal form and counseling required by this section.