Section 410IAC1-7-10. Information to the HIV-positive pregnant patient

   (a) A provider, or provider's designee, shall provide the following to a pregnant patient at the appropriate times, which could include before delivery, at delivery, and after delivery:

(1) An explanation of the nature of AIDS and HIV, which is consistent with MMWR 41, RR-17, and MMWR 43, RR12.

(2) Information that it is unlawful to discriminate against persons living with HIV in areas of employment, housing, and provision of health care services. If the patients believe that they have been discriminated against, they may contact the Indiana civil rights commission.

(3) Information that patients who have tested positive for HIV or who have been diagnosed with AIDS are not to engage in high-risk activity (including sexual or needle-sharing contact, which has been demonstrated to transmit a dangerous communicable disease) without warning past, present, or future sexual or needle-sharing partners before engaging in that high-risk activity. Carriers who know of their status as a carrier of HIV or AIDS have a duty to warn or cause to be warned by a third party a person at risk, including a spouse of the last ten (10) years, of the following:

(A) The carrier's disease status.

(B) The need to seek health care, such as counseling and testing.

(4) Information about risk behaviors for HIV transmission that is consistent with MMWR 50, RR19. It must include the following:

(A) High-risk activities refer to sexual or needle-sharing contact, which has been demonstrated to transmit HIV.

(B) HIV is known to be transmitted through the following:

(i) Blood.

(ii) Semen.

(iii) Vaginal secretions.

(iv) Breast milk.

(5) Information about the risk of transmission through breastfeeding that is consistent with MMWR 50, RR19, including that breastfeeding by an HIV positive patient carries a risk for transmission of the virus from mother to infant.

(6) Referral information to other HIV prevention testing and psychosocial services, if appropriate.

  (b) The department will continue to be a resource for educational information and referral sources. (Indiana State Department of Health; 410 IAC 1-7-10; filed Jun 25, 2004, 11:05 a.m.: 27 IR 3497; readopted filed Jul 15, 2010, 12:12 p.m.: 20100728-IR-410100261RFA; filed May 4, 2012, 10:17 a.m.: 20120530-IR-410110458FRA; readopted filed Nov 10, 2016, 8:45 a.m.: 20161207-IR-410160371RFA)