This article also appeared in the Philadelphia Daily News (philly.com), the New York Blade, and eMaxHealth.

NJ lawmakers approve HIV testing for pregnant women, newborns

By TOM HESTER Jr., AP, from newsday.com, June 21, 2007

TRENTON, N.J. -- New Jersey on Thursday moved to require both pregnant women and some newborns to be tested for HIV.

The Assembly voted 74-5 and the Senate 37-0 to approve the bill. The bill now goes to Gov. Jon S. Corzine for his consideration.

It requires all pregnant women be tested twice for HIV, once early and once late in the pregnancy, unless the mother asks not to be tested.

It also requires newborns to be tested if either the mother has tested positive or her HIV status is unknown at time of birth.

Senate President Richard J. Codey cited data that shows medical treatment during pregnancy can slash mother-to-child HIV transmission from 25 percent to 2 percent.

"When you ask most expecting parents whether they're hoping for a boy or a girl, the response, almost universally, is that it doesn't matter, as long as they're healthy," said Codey, a bill sponsor. "That's what were striving for and that's what we hope to achieve."

The state has about 115,000 births per year and had seven infants born with HIV in 2005.

The American Civil Liberties Union and women's groups contend the bill deprives women of authority to make medical decisions.

"Women's privacy rights and choices are as constitutionally valid as any other citizen, regardless of reproductive status," said Maretta J. Short, New Jersey's National Organization of Women president.

New Jersey law now requires providers only to offer HIV testing to pregnant women. Under the proposed bill:

_ HIV testing would be part of routine prenatal care for all pregnant women unless they object.

_ Doctors would provide pregnant woman with information about HIV and AIDS, including testing benefits, and data about the reduced risk to the fetus if a pregnant woman receives treatment.

_ HIV testing would be avoided only if a woman states her objection. Any refusal would be documented in her medical record, but could not become a basis for denying care.

According to the Kaiser Foundation, a nonprofit research organization focusing on U.S. health care issues, Arkansas, Michigan, Tennessee and Texas require health care providers to test a mother for HIV, unless the mother specifically asks not to be tested.

Connecticut, Illinois and New York test all newborns for HIV, according to the foundation.