State Senate Takes Significant Step in the Fight Against AIDS
Posted June 8, 2007

In a 9-0 vote, on Thursday the New Jersey Senate Health, Human Services, and Senior Citizens Committee approved S-2704, which would require that pregnant women be tested for HIV “as part of routine prenatal care … as early as possible in their pregnancy, and again during the third trimester.” Additionally, if the mother tests positive or if her status is “unknown” at the time of delivery, the bill requires all birthing facilities to test newborns for the HIV virus unless the parents object on religious grounds.

A provision in the bill allows the mother to refuse testing in writing after she has received “information and counseling” regarding the benefits of testing, detection, and treatment.

An identical bill in the General Assembly, A-4218, was introduced in May and has been referred to the Assembly Health and Senior Services Committee.

The significance of the legislation, as noted in a press release issued by the Senate Majority Office, is that it would move New Jersey from an “opt-in” state, in which testing is not routine and must be specifically requested by the mother, to an “opt-out” state, meaning that testing is routine unless specifically declined by the mother, or, in the case of infants, by the parents.

The legislation, sponsored by Senators Richard Codey (D-Essex) and Loretta Weinberg (D-Bergen), seeks to increase detection of the AIDS-causing virus in order that appropriate treatment and prevention measures can be taken. In support of the measure, New Jersey Health and Senior Services Commissioner Fred Jacobs noted that “[t]he sooner pregnant women can be tested for the HIV infection, the sooner they can be treated.”

Moreover, studies show the effectiveness of detection and treatment in reducing the instance of the virus’s transmission from mother to child. According to Senate President and bill sponsor Richard Codey, the Centers for Disease Control and Prevention (CDC) has found that treatment can cut the risk of transmission from 25 percent to 2 percent.

And in a state that ranks among the highest in instances of childhood HIV and AIDS, this bill is a step in the right direction. According to the Kaiser Foundation, through 2005, New Jersey saw 772 pediatric AIDS cases – second only to New York – and 409 pediatric HIV cases – only New York and Florida had more.

Currently, only four states – Arkansas, Michigan, Tennessee, and Texas – mandate testing for mothers, and only three – Connecticut, Illinois, and New York – require the same for newborns. Yet, the positive results have been undeniable, with rates of HIV-infected infants falling from between 20 and 30 percent to 16 percent.

Because of the devastation caused by mother-to-child transmission and the availability of treatment, routine testing has garnered the support of the respected American College of Pediatricians. In a statement applauding the CDC’s recommendation that HIV testing be incorporated into routing medical care for expectant mothers, the College noted, “No child should be made to suffer because of an adult’s fear or ignorance.”

We wholeheartedly agree. Routine testing has the potential to save the lives of innocent children. NJFPC President and former member of the Governor’s Advisory Council on AIDS (1998-2002) submitted statements in support of this legislation to the Senate Health Committee, and we urge the full Senate to approve this important legislation.

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