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. All health care professionals shall counsel pregnant women regarding HIV infections and, except in cases where women refuse testing, encourage these women to be tested for human immunodeficiency virus (HIV) and to provide counseling for those women who test positive.

     2. Health care professionals shall counsel each pregnant woman in the health care professional's care, as early as possible in the course of the pregnancy, with written material or videos that explain and provide information on:

     (1) The nature of the HIV infection;

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

     (3) The medical treatment available to treat the HIV infection if diagnosed early;

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

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

     3. A pregnant woman under the care of a health care professional 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 arrange for a counselor who is competent in counseling pregnant women and new mothers with the HIV infection to be present at the time the health care professional discloses the positive test result to the woman tested under this section. The counselor 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 the 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.

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

     6. Each month the department shall compile the reports and publish the total number of women tested and the total number of women testing positive in the previous month 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 guidelines and information regarding the recommended content of the written materials, written refusal form and counseling required by this section.