ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB41
Hearing Date: Thursday January 23, 2025
Committee On: Health and Human Services
Introducer: Riepe
One Liner: Change blood test requirements for pregnant women
Roll Call Vote - Final Committee Action:
Advanced to General File with amendment(s)
Vote Results:
Aye: 7 Senators Ballard, Fredrickson, Hansen, Hardin, Meyer, Quick, Riepe
Nay:
Absent:
Present Not Voting:
Testimony:
Proponents: Representing:
Senator Merv Riepe Opening Presenter
Josephine Litwinowicz Higher Power Church
Matthew Jeffrey self
Dr. Ann Anderson Berry Nebraska Medical Association and NPQIC
Leah Casanave Douglas County Public Health Department
Bob Rauner Healthy Nebraska
Sara Howard First Five Nebraska
Opponents: Representing:
Neutral: Representing:
* ADA Accommodation Written Testimony
Summary of purpose and/or changes:
LB 41 addresses State requirements for testing pregnant women for syphilis and human immunodeficiency virus in
the following ways:
Section 1.1 - All physicians and legally authorized obstetric practitioners within the state shall be required to conduct
syphilis testing on pregnant patients during the initial examination, the third trimester, and at the time of delivery. Such
testing shall be performed by obtaining and submitting blood samples to laboratories approved by the Department of
Health and Human Services. Practitioners who are not authorized to collect blood samples shall ensure that a duly
licensed medical professional collects and submits such samples for testing. All laboratory test results shall be
reported to the Department of Health and Human Services using standardized reporting forms. Testing may be
conducted through the department’s laboratory, subject to a fee not exceeding the actual cost of testing. Birth and
stillbirth certificates shall indicate whether syphilis testing was performed and the approximate date of testing;
Committee Statement: LB41
Health and Human Services Committee
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responsible for covering administrative costs associated with implementing this requirement.
Section 1.2 - Furthermore, all physicians and authorized obstetric practitioners shall conduct human
immunodeficiency virus (HIV) testing on pregnant patients unless the patient expressly declines such testing through
written informed consent.
Explanation of amendments:
AM 62 of LB 41 contains the clarifying and additional language as follows:
Section 1.1 - The phrase "cause to be taken" has been replaced with "shall direct an authorized person to take".
Additionally, further in the section, the word "cause" has been replaced with the word "direct". The purpose of these
changes is to provide clarity and remove any need of interpretation of the law by the medical provider.
Sections 1.2 & 1.4.b present the following new language:
"Each pregnant woman shall be informed, in clear and understandable language, by the physician or other person
authorized by law to practice obstetrics, that such test is voluntary and may be declined verbally or in writing."
The purpose(s) of the new language is to make clear to both provider and patient that such tests are voluntary for the
patient, to communicate to all parties the standard of communication, and to state the patient's right to decline
verbally or in writing.
Brian Hardin, Chairperson
Committee Statement: LB41
Health and Human Services Committee
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