Nevada Revised Statutes 442.010 – Examination of pregnant woman for discovery of syphilis: Blood sample; treatment for infection; exception
1. Except as otherwise provided in subsection 6, every:
Terms Used In Nevada Revised Statutes 442.010
- Department: means the Department of Health and Human Services. See Nevada Revised Statutes 442.003
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Division: means the Division of Public and Behavioral Health of the Department. See Nevada Revised Statutes 442.003
- Freestanding birthing center: has the meaning ascribed to it in Nevada Revised Statutes 442.003
- Laboratory: has the meaning ascribed to it in Nevada Revised Statutes 442.003
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
(a) Physician attending a pregnant woman during gestation for conditions relating to her pregnancy shall make an examination, including a standard serological test, for the discovery of syphilis. The physician shall take or cause to be taken a sample of blood of the woman at the times prescribed by subsection 2, if applicable, and shall submit the sample to a laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for syphilis.
(b) Person permitted by law to attend upon pregnant women, but not permitted by law to make blood tests in Nevada, shall cause a sample of the blood of the pregnant woman to be taken at the times prescribed by subsection 2, if applicable, by a duly licensed physician and submitted to a laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for syphilis.
(c) Non-hospital medical facility or emergency department or labor and delivery unit in a hospital that evaluates or treats a woman of childbearing age shall ensure that:
(1) The woman is asked if she is pregnant and, if she responds in the affirmative, whether she has had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists or its successor organization; and
(2) An examination is made, including a standard serological test, for the discovery of syphilis, if the woman indicates that she is pregnant and has not had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists or its successor organization. The non-hospital medical facility, emergency department or labor and delivery unit shall ensure that a sample of blood of the woman is taken at the times prescribed by subsection 2, if applicable, and shall ensure the submission of the sample to a laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for syphilis.
2. An examination for the discovery of syphilis pursuant to subsection 1 must be performed:
(a) During the first trimester of pregnancy at the first visit to a physician or other person permitted by law to attend upon pregnant women, a non-hospital medical facility or an emergency department or labor and delivery unit of a hospital or as soon thereafter as practicable;
(b) During the third trimester of pregnancy between the 27th and 36th week of gestation or as soon thereafter as practicable; and
(c) At delivery for a pregnant woman who:
(1) Should be routinely tested for infection with syphilis, as recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services;
(2) Lives in an area designated by the Division as having high syphilis morbidity;
(3) Did not receive prenatal care; or
(4) Delivers a stillborn infant after 20 weeks of gestation.
3. A qualified serological test for syphilis is one recognized as such by the State Board of Health.
4. If the test is made in a state laboratory, it must be made without charge.
5. If a serological or physical examination test performed pursuant to subsection 1 shows that a pregnant woman is infected with syphilis, the physician, other person, non-hospital medical facility, emergency department or labor and delivery unit shall:
(a) If the physician, other person, non-hospital medical facility, emergency department or labor and delivery unit is capable of providing treatment for syphilis, seek the consent of the pregnant woman to begin such treatment and, if such consent is obtained, commence treatment; or
(b) If the physician, other person, non-hospital medical facility, emergency department or labor and delivery unit is not capable of providing treatment for syphilis, seek the consent of the pregnant woman to refer her for such treatment and, if such consent is obtained, issue the referral.
6. If the pregnant woman objects to the taking of the sample of blood or the serological test, the sample must not be taken and the test must not be performed.
7. As used in this section, ‘non-hospital medical facility’ means:
(a) A freestanding birthing center;
(b) An independent center for emergency medical care, as defined in NRS 449.013;
(c) A psychiatric hospital, as defined in NRS 449.0165;
(d) A rural clinic, as defined in NRS 449.0175;
(e) A facility for modified medical detoxification, as defined in NRS 449.00385;
(f) A mobile unit, as defined in NRS 449.01515; and
(g) A community triage center, as defined in NRS 449.0031.