Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-1158.02 Brita Darling x2241 HOUSE BILL 24-1456 House Committees Senate Committees Health & Human Services A BILL FOR AN ACT C ONCERNING TESTING FOR SYPHILIS DURING THE PERINATAL PERIOD .101 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill expands the existing requirement to test a person who is pregnant for syphilis at the person's first professional visit with a health-care provider or during the first trimester of pregnancy to also require testing for syphilis early in the third trimester of pregnancy and at delivery. The person who is pregnant may decline any testing. HOUSE SPONSORSHIP Marvin, SENATE SPONSORSHIP Michaelson Jenet, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) Syphilis is a bacterial infection that, if untreated, can progress4 to severe infection of the brain, eyes, and other body organs;5 (b) Congenital syphilis occurs when the infection is passed to a6 fetus during pregnancy and can cause miscarriage, stillbirth, severe7 congenital abnormalities, or death. The department of health care policy8 and financing estimates that the cost of care for a baby born with syphilis9 is approximately $30,000 in the baby's first year of life.10 (c) According to the federal centers for disease control and11 prevention, over ten times as many babies were born with syphilis in 202212 than in 2012, the highest number of infected babies reported in a single13 year since 1992;14 (d) Colorado has experienced a 900 percent increase in congenital15 syphilis cases since 2017, based on 2023 provisional data;16 (e) During the first quarter of 2024, there have already been 2217 reported congenital syphilis cases, including five stillbirths and two fetal18 deaths;19 (f) Congenital syphilis disproportionately impacts Hispanic and20 Black communities;21 (g) The spread of syphilis and congenital syphilis is preventable22 when caught early and treated in a timely manner with routine and23 inexpensive antibiotics like penicillin;24 (h) Currently, Colorado requires only one syphilis test during the25 prenatal period: In the first trimester or when initiating prenatal care;26 (i) Reinfection or inadequate treatment can result in a syphilis27 HB24-1456 -2- infection being present after the first trimester, putting the baby at risk of1 congenital syphilis;2 (j) Additional syphilis testing in the third trimester and at delivery3 provides additional opportunities to identify and treat an infection;4 (k) At least 17 other states require testing later in pregnancy in5 addition to testing during the first trimester, including North Carolina,6 Texas, Georgia, and Arizona, which have laws that require testing during7 the first trimester, during the third trimester, and at delivery of the baby;8 and9 (l) Therefore, to reduce the rapidly increasing rates of syphilis and10 congenital syphilis infection in Colorado, it is necessary and appropriate11 to require additional testing throughout the prenatal period, including12 during the third trimester and at delivery of the baby.13 SECTION 2. In Colorado Revised Statutes, amend 25-4-201 as14 follows:15 25-4-201. Blood testing during pregnancy - HIV - syphilis.16 (1) (a) Every EACH licensed health-care provider authorized to provide17 care to a pregnant woman PERSON WHO IS PREGNANT in this state for18 conditions relating to her THE pregnancy during the period of gestation or19 at delivery shall take or cause to be taken a sample of blood of the woman20 PERSON at the time of the first professional visit or during the first21 trimester for testing pursuant to this section. The blood specimen obtained22 shall be submitted to an approved laboratory for a standard serological23 test for syphilis and HIV. Every other person permitted by law to attend24 TO A PERSON WHO IS pregnant women in this state but not permitted by25 law to take blood samples shall cause a sample of blood of each PERSON26 UNDER THE ATTENDANT'S CARE WHO IS pregnant woman to be taken by a27 HB24-1456 -3- licensed health-care provider authorized to take blood samples and shall1 have the sample submitted to an approved laboratory for a standard2 serological test for syphilis and HIV. A PERSON WHO IS pregnant woman 3 may decline to be tested as specified in this subsection (1) (1)(a), in which4 case the licensed health-care provider shall document that fact in her THE5 PERSON'S medical record.6 (b) I N ADDITION TO THE REQUIREMENT SPECIFIED IN SUBSECTION7 (1)(a) OF THIS SECTION TO TEST A PERSON WHO IS PREGNANT FOR SYPHILIS8 AT THE TIME OF THE PERSON'S FIRST PROFESSIONAL VISIT TO A LICENSED9 HEALTH-CARE PROFESSIONAL OR DURING THE FIRST TRIMESTER , A10 LICENSED HEALTH-CARE PROVIDER AUTHORIZED TO PROVIDE CARE TO A11 PERSON WHO IS PREGNANT SHALL TEST THE PERSON FOR SYPHILIS , IN THE12 MANNER DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, EARLY IN THE13 THIRD TRIMESTER, BETWEEN TWENTY-EIGHT AND THIRTY-TWO WEEKS14 GESTATION, AND AT DELIVERY. A PERSON MAY DECLINE TO BE TESTED AS15 SPECIFIED IN THIS SUBSECTION (1)(b), IN WHICH CASE THE LICENSED16 HEALTH-CARE PROVIDER SHALL DOCUMENT THAT FACT IN THE PERSON 'S17 MEDICAL RECORD.18 (2) If a PERSON WHO IS pregnant woman entering ENTERS a19 hospital for delivery AND has not been tested for HIV AND SYPHILIS20 during her THE pregnancy OR THERE IS NO AVAILABLE RECORD OF21 TESTING, the hospital shall notify the woman PERSON WHO IS PREGNANT22 that she THE PERSON will be tested for HIV AND SYPHILIS unless she THE23 PERSON objects and declines the test. If the woman PERSON declines to be24 tested, the hospital shall document that fact in the pregnant woman's25 PERSON'S medical record.26 SECTION 3. Safety clause. The general assembly finds,27 HB24-1456 -4- determines, and declares that this act is necessary for the immediate1 preservation of the public peace, health, or safety or for appropriations for2 the support and maintenance of the departments of the state and state3 institutions.4 HB24-1456 -5-