Colorado Revised Statutes Title 25. Health § 25-4-201. Blood testing during pregnancy--HIV--syphilis--rules--repeal

(1)(a) Each licensed health-care provider authorized to provide care to a person who is pregnant in this state for conditions relating to the pregnancy during the period of gestation or at delivery shall take or cause to be taken a sample of blood of the person at the time of the first professional visit or during the first trimester for testing pursuant to this section. The blood specimen obtained shall be submitted to an approved laboratory for a standard serological test for syphilis and HIV. Every other person permitted by law to attend to a person who is pregnant in this state but not permitted by law to take blood samples shall cause a sample of blood of each person under the attendant's care who is pregnant to be taken by a licensed health-care provider authorized to take blood samples and shall have the sample submitted to an approved laboratory for a standard serological test for syphilis and HIV. A person who is pregnant may decline to be tested as specified in this subsection (1)(a), in which case the licensed health-care provider shall document that fact in the person's medical record.

(b) This subsection (1) is repealed, effective January 1, 2025.

(2)(a) If a person who is pregnant enters a hospital for delivery and has not been tested for HIV during the pregnancy or there is no available record of testing, the hospital shall notify the person who is pregnant that the person will be tested for HIV unless the person objects and declines the test. If the person declines to be tested, the hospital shall document that fact in the person's medical record.

(b) Each licensed health-care provider authorized to provide care to a person who is pregnant in this state shall, for all persons who are pregnant under the care of the licensed health-care provider, take, or cause to be taken, a blood sample and submit the blood sample to an approved laboratory for a standard serological test for HIV. If the person declines to be tested, the licensed health-care provider shall document that fact in the person's medical record.

(3)(a) On or before January 1, 2025, the state board of health created in section 25-1-103 shall promulgate rules concerning prenatal testing standards for syphilis, including frequency of testing.

(b) At least once every three years, the department of public health and environment shall review the rules promulgated pursuant to this section for alignment with national prenatal testing recommendations for sexually transmitted infections as well as the department of public health and environment's infection control duties established in section 25-4-408. Before each review of the rules, the department of public health and environment shall make relevant stakeholders aware of the review, including health-care providers and local public health agencies.