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This entry was published on 2014-09-22
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SECTION 2500-E
Pregnant women, blood test for hepatitis B; follow-up care
Public Health (PBH) CHAPTER 45, ARTICLE 25, TITLE 1
§ 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.