SLS 14RS-274 ORIGINAL
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 41
BY SENATOR BROOME
HEALTH CARE. Provides for screening of pregnant women for HIV and syphillis in the
third trimester of pregnancy. (gov sig)
AN ACT1
To amend and reenact R.S. 40:1091, relative to blood samples during pregnancy; to provide2
for re-screening 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 SB NO. 41
SLS 14RS-274 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
during labor or delivery shall offer to take or to have taken a sample of her1
blood at such time or as soon as possible thereafter. If available documentation2
indicates that a sample of her blood was already screened in accordance with3
this Section during the third trimester of her pregnancy, and she does not4
disclose when questioned any activities posing a risk for infection with HIV or5
syphilis occurring more recently than would have been detected by such6
screening, the attending physician during labor or delivery is not required to7
offer to take or to take a blood sample. If no objection is made by the woman, a8
blood sample shall be taken and submitted to any approved laboratory for a standard9
test for syphilis as approved by the American Board of Pathology and for a standard10
diagnostic HIV test approved by the Food and Drug Administration.11
B. All other persons permitted by law to attend pregnant women but not12
permitted to take blood samples shall have a sample of the blood of every pregnant13
woman attended by them taken by a duly licensed physician, if no objection to the14
taking of the sample is made by the woman, and submitted to an approved laboratory15
for a standard test for syphilis and a standard diagnostic HIV test.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Present law provides every physician who attends any pregnant woman for conditions
relating to pregnancy during the period of gestation or at delivery 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. Furthermore, 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.
Present law provides 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 SB NO. 41
SLS 14RS-274 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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.
Proposed law amends present law to include the requirements of present law for the third
trimester.
Proposed law amends present law to include a standard diagnostic HIV test.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1091)