Existing law requires every physician attending a pregnant woman during gestation to make an examination for the discovery of syphilis. Existing law also requires any medical facility, other than a hospital, and an emergency department or labor and delivery unit in a hospital that is evaluating or treating a pregnant woman to test the pregnant woman for syphilis using a standard serological test, unless the pregnant woman refuses the test or indicates that she has already had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists. Existing law requires such a physician or facility to treat a patient who tests positive for syphilis or to refer the patient for such treatment, except where the patient refuses treatment. (NRS 442.010) Section 1 of this bill additionally requires a physician assistant or advanced practice registered nurse to make an examination for the discovery of syphilis when attending a pregnant woman during gestation. Section 1 requires certain medical facilities, other than a hospital, and an emergency department or labor unit of a hospital to test a pregnant woman who has not received any prenatal screenings and tests for syphilis, and who does not refuse testing, using a rapid or point-of-care test instead of a standard serological test unless the results of a serological test are likely to be available before the woman is discharged or otherwise leaves the facility. Section 1 requires such a facility to perform a serological test if a woman indicates she has a history of syphilis or refer the woman for such a test. Section 1: (1) clarifies that such a facility must perform a test for syphilis on a pregnant woman, unless the woman refuses the test, regardless of the reason the woman is seeking treatment at the facility; and (2) requires any such refusal to be documented. Section 1 further requires such a facility to develop a policy to ensure compliance with such testing requirements and certain recommendations by the American College of Obstetricians and Gynecologists or its successor organization. Section 1 additionally exempts rural clinics that are owned, operated or administered by certain governmental entities from certain requirements governing testing for syphilis. Additionally, certain public and private policies of health insurance, including Medicaid, would be required to cover rapid or point-of-care testing for syphilis performed under the conditions required by section 1. (NRS 287.010, 287.04335, 422.27173, 689A.0412, 689B.0315, 689C.1675, 698C.425, 695A.1856, 695B.1913, 695C.050, 695C.1737, 695G.1714) Section 3.5 of this bill requires Medicaid, to the extent federal financial participation is available, to reimburse such testing for syphilis separately from the other prenatal care the pregnant woman received at the time of the testing. Sections 2 and 3 of this bill authorize the Division of Public and Behavioral Health of the Department of Health and Human Services to discipline a medical facility for a violation of section 1.

Statutes affected:
As Introduced: 442.010, 449.160, 449.163
Reprint 1: 442.010, 449.160, 449.163, 422.27173
As Enrolled: 442.010, 449.160, 449.163, 422.27173
BDR: 442.010, 449.160, 449.163