N.Y. Public Health Law § 2500-e: Pregnant women, blood test for hepatitis B; follow-up care

§ 2500-e. Pregnant women, blood test for hepatitis B; follow-up care.

1. At the time that a blood sample is taken to be tested for syphilis

pursuant to section twenty-three hundred eight of this chapter, every

physician or other authorized practitioner attending a pregnant woman in

the state shall, in addition, submit or cause to be submitted such

sample to an approved laboratory for a standard serological test for

hepatitis B surface antigen.

2. The term "approved laboratory" means a laboratory approved for the

purpose as herein provided by the department, or in the city of New York

by the department of health of such city.

3. A standard serological test for hepatitis B surface antigen is one

recognized as such by the department or in the city of New York by the

department of health of such city.

4. The physician or other authorized practitioner attending a pregnant

woman shall record the hepatitis B surface antigen test results

prominently in the pregnant woman's medical record at or before the time

of hospital admission for delivery.

5. If, at the time of hospital admission for delivery, hepatitis B

surface antigen test results are not available, the hospital shall

arrange immediate testing of the mother with results available within

twenty-four hours, or as soon thereafter as practicable, but in no event

longer than forty-eight hours.

6. It shall be the duty of the administrative officer or other person

in charge of each institution caring for infants twenty-eight days of

age or less to report the hepatitis B surface antigen test results of

all mothers of newborn children to the department in such a manner as

may be required by the commissioner.

7. If the mother of a newborn infant has tested positive for hepatitis

B surface antigen, the physician or other authorized practitioner

attending the infant shall offer or cause to be offered immunizing doses

of hepatitis B vaccine and hepatitis B immune globulin to the newborn

within twelve hours of birth or whenever the infant is stable

physiologically and immunizing doses of hepatitis B vaccine and

follow-up vaccine in accordance with the schedule specified by the

commissioner. If the mother's hepatitis B surface antigen test results

were unavailable when the mother was admitted to a hospital for

delivery, the physician or other authorized practitioner attending the

infant shall offer or cause to be offered immunizing doses of hepatitis

B vaccine and hepatitis B immune globulin for the newborn immediately

upon receiving results showing that the mother has tested positive for

hepatitis B surface antigen and offer immunizing doses of hepatitis B

vaccine and follow-up vaccine in accordance with the schedule specified

by the commissioner.

8. The parent or guardian of any child born to a mother positive for

hepatitis B surface antigen shall have administered to such child

immunizing doses of hepatitis B immune globulin at birth and hepatitis B

vaccine as well as follow-up hepatitis B vaccine in accordance with the

schedule specified by the commissioner.

9. If the parent or guardian of such child is unable to pay for the

services of a private physician or other authorized practitioner, such

person shall present such child to the health officer of the county in

which the child resides, who shall then administer the follow-up

hepatitis B vaccine without charge.

10. If any licensed physician or nurse practitioner certifies that a

follow-up dose of hepatitis B vaccine may be detrimental to a child's

health, the requirements of this section shall be inapplicable until

such immunization is found no longer to be detrimental to such child's

health.

11. The provision of this section relating to immunization shall not

apply in the case of any newborn infant whose parent or guardian holds

genuine and sincere religious beliefs which prohibit immunization and

who notifies the person charged with administering such immunization of

the religious objection thereto.

12. The commissioner of health shall promulgate such rules and

regulations as are necessary to carry out the requirements of this

section.