Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 309
BY SENATOR BROOME AND REPRESENTATIVES BURFORD, COX, FRANKLIN,
HILL, KATRINA JACKSON, LEBAS, JAY MORRIS, SIMON,
STOKES, WHITNEY AND WILLMOTT
AN ACT1
To amend and reenact R.S. 40:1091, relative to blood samples during pregnancy; to provide2
for rescreening for HIV and syphilis in the third trimester of pregnancy; to provide3
obligations of the physician; to provide for an effective date; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1091 is hereby amended and reenacted to read as follows:7
ยง1091. Blood samples; standard test8
A. Every physician who attends any pregnant woman for conditions relating9
to pregnancy during the period of gestation or at delivery shall offer to take or to10
have taken a sample of her blood at the time of first examination or as soon as11
possible thereafter. Additionally, every physician who attends any pregnant12
woman for conditions relating to pregnancy during the third trimester of13
gestation shall offer to take or to have taken a sample of her blood at the time14
of first examination during such trimester or as soon as possible thereafter,15
regardless of whether such a sample was taken or offered during the first two16
trimesters of her pregnancy. Every physician who attends any pregnant woman17
during labor or delivery shall offer to take or to have taken a sample of her18
blood at such time or as soon as possible thereafter. If available documentation19
indicates that a sample of her blood was already screened in accordance with20
this Section during the third trimester of her pregnancy, and she does not21
disclose when questioned any activities posing a risk for infection with HIV or22
syphilis occurring more recently than would have been detected by such23
screening, the attending physician during labor or delivery is not required to24
offer to take or to take a blood sample. If no objection is made by the woman, a25 SB NO. 309 ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
blood sample shall be taken and submitted to any approved laboratory for a standard1
test for syphilis as approved by the American Board of Pathology and for a standard2
diagnostic HIV test approved by the Food and Drug Administration.3
B. All other persons permitted by law to attend pregnant women but not4
permitted to take blood samples shall have a sample of the blood of every pregnant5
woman attended by them taken by a duly licensed physician, if no objection to the6
taking of the sample is made by the woman, and submitted to an approved laboratory7
for a standard test for syphilis and a standard diagnostic HIV test.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: