20 CAR § 102-122 – Sexually transmitted disease (syphilis, gonorrhea, chlamydia, HIV (human immunodeficiency virus), chancroid, lymphogranuloma venereum, granuloma inguinale, and ophthalmia neonatorum (gonorrhea ophthalmia))

(a) Testing of pregnant women.
1. (1)
  1. (A) Every physician attending a pregnant woman shall:
(i) Take, or cause to be taken, a sample of venous blood at the time of first examination and during the third trimester, ideally at twenty-eight (28) to thirty-two (32) weeks’ gestation; and
1. (ii) Submit such sample to an approved laboratory for a standard:
(a) (a) Serologic test for syphilis;
(b) (b) Test for human immunodeficiency virus; and
1. (c) (c) Test for Hepatitis B.
  1. (B) Any person, other than a physician, permitted by law to attend pregnant women but not permitted by law to take blood samples, shall:
    1. (i) Cause a specimen of blood to be taken by or under the direction of a physician duly licensed to practice medicine and surgery; and
    2. (ii) Have such specimen submitted to an approved laboratory for testing.
2. (2) Any person reporting a birth or stillbirth shall state on the certificate:
  1. (A) Whether a blood test for syphilis had been made upon a specimen of blood taken from the woman who bore the child for which a birth or stillbirth certificate is filed; and
  2. (B) The approximate date when the specimen was taken.
(b) Ophthalmia neonatorum (gonorrhea ophthalmia).
1. (1) Ophthalmia neonatorum is to be reported to the Epidemiology Program of the Department of Health, as soon as the disease is suspected.
2. (2) It shall be the duty of the local health authority in whose jurisdiction the case occurs:
  1. (A) To investigate the case to confirm the diagnosis by bacteriological examination; and
  2. (B) If of gonnococcal origin, to determine if the attendant at delivery used prophylactic medication in the eyes of the infant.
3. (3)
  1. (A) Due to the nature of the infection and its communicability, and inasmuch as gonorrheal ophthalmis is amenable to antimicrobial therapy, it shall be the duty of every physician to administer appropriate antimicrobial therapy at once, consistent with the current American Academy of Pediatrics' Report of the Committee on Infectious Diseases, i.e., The Red Book.
  2. (B) It shall be the duty of every midwife attending such cases, or suspected cases, to refer all such cases to a licensed physician for treatment.
    1. (c)
4. (1) It shall be the duty of every physician to report, as soon as diagnosed, every case of sexually transmitted disease using either the reporting methods under 20 CAR § 102-104(d) or the Adult Case Report form, found at https://www.healthy.arkansas.gov/programs-services/topics/std-prevention, as provided by the Department of Health, to the Sexually Transmitted Disease Program of the Department of Health.
5. (2) Physicians shall report the patient by name, address, age, sex, race, and date of birth within twenty-four (24) hours of the diagnosis in case of:
  1. (A) Primary, secondary, and congenital syphilis; and
  2. (B) Syphilis in pregnant women.
    1. (d) Whenever the Secretary of the Department of Health has reasonable grounds to believe that any person is suffering from syphilis, gonorrhea, chancroid, chlamydia, HIV (human immunodeficiency virus), lymphogranuloma venereum, or granuloma inguinale in a communicable state, the secretary is authorized to cause such person to be apprehended and detained for the necessary tests and examination, including an approved blood serologic test and other approved laboratory tests, to ascertain the existence of said disease or diseases provided that any evidence so acquired shall not be used against such person in any criminal prosecution.
(e) The secretary may, when in the exercise of his or her discretion he or she believes that the public health requires it, commit any commercial prostitute or other persons apprehended and examined and found afflicted with said diseases, or either of them who refuses or fails to take treatment adequate for the protection of the public health, to a hospital or other place in the State of Arkansas for such treatment even over the objection of the person so diseased and treated, provided the commitment can be done without endangering the life of the patient.
(f) It shall be the duty of a physician on the occasion of the first visit to or by a person suffering from syphilis, gonorrhea, chancroid, chlamydia, HIV (human immunodeficiency virus), lymphogranuloma venereum, or granuloma inguinale to:
1. (1) Instruct said person in the precautions to be taken to prevent communication of the disease to others; and
2. (2) Inform him or her of the necessity of continued uninterrupted treatment until such adequate treatment has been administered.
(g)
1. (1) It shall be the duty of every physician to administer appropriate and adequate treatment to any individual regardless of age, sex, or race whom he or she has reasonable grounds to believe is suffering from syphilis, gonorrhea, chancroid, chlamydia, HIV (human immunodeficiency virus), lymphogranuloma venereum, or granuloma inguinale in a communicable state, to render the disease noncommunicable to others for the protection of the public health.
2. (2) Likewise, it shall be the duty of every physician to treat, prophylactically or therapeutically, any individual regardless of age, sex, or race whom he or she has reasonable grounds to believe has been exposed to a communicable case of syphilis, gonorrhea, chancroid, chlamydia, HIV (human immunodeficiency virus), lymphogranuloma venereum, or granuloma inguinale for the protection of the pubIic health.
3. (3) Consent to the provision of medical and surgical care or services by a physician licensed to practice medicine in this state, when executed by a minor who is or believes himself or herself to be afflicted with a sexually transmitted disease, shall be valid and binding as if the minor had achieved his or her majority.

Codification Notes: "AIDS" means acquired immunodeficiency syndrome.