CHAPTER 16. PUBLIC HEALTH.
WVC 16 - 4 A-
ARTICLE 4A. PRENATAL EXAMINATION.
WVC 16 - 4 A- 1
§16-4A-1. Compulsory serologic test.
Every pregnant woman, resident in West Virginia, shall have
a blood sample taken and submitted to the West Virginia state
hygienic laboratory or other laboratory approved by the state
department of health where there shall be performed thereon a
standard serologic test for syphilis. Any standard laboratory
test for syphilis approved by the state director of health shall
be considered to be such a standard serologic test.
WVC 16 - 4 A- 2
§16-4A-2. Attending physician to obtain blood specimen.
Every physician engaging in attendance upon a pregnant woman
in West Virginia shall, as soon as he or she is engaged to attend
a woman and has reasonable grounds for suspecting that pregnancy
exists, acquaint such woman with the provisions of this article
and take or cause to be taken a specimen of blood from such
woman. This specimen shall be submitted to the state hygienic
laboratory or other laboratory approved by the state department
of health as required by the preceding section. If the woman is
in a stage of gestation or labor at the time that the diagnosis
of pregnancy is made, which may make it inadvisable to obtain the
specimen, the specimen of blood shall be obtained within ten days
The state hygienic laboratory of the state health department
shall perform the serological tests required by law on all blood
specimens taken from pregnant women by physicians for
examination. These tests shall be performed without charge.
Upon request it shall be the duty of county and district
health officers to draw blood specimens from pregnant women for
performing thereon a serologic test for syphilis. This service
shall be performed without charge.
In those areas where the services of a district or county
health officer are not available, the state health department
shall assume the responsibility of obtaining the required blood
specimens without any charge to the pregnant women.
WVC 16 - 4 A- 3
§16-4A-3. Identification of specimen; report.
Any physician who takes or causes to be taken from a woman
in pregnancy or suspected pregnancy a blood test for syphilis
shall identify such specimen as being from a pregnant woman, and
the laboratory shall provide a report in triplicate on forms
prepared and furnished by the state department of health showing
the results of such tests. The original of each such report
shall be sent at once to the physician submitting the specimen, a
duplicate shall be forwarded to the state department of health
during the week that the test was performed, and the triplicate
shall be retained by the laboratory for its files. All
laboratory reports shall be confidential and shall not be open to
public inspection. The laboratory test for syphilis in
compliance with this article shall be performed free of charge by
the state hygienic laboratory on the application of any municipal
or county health officer or other physician, or any other person
permitted by law to secure such specimens.
WVC 16 - 4 A- 4
§16-4A-4. Notation on birth certificate.
Every physician required to report births and stillbirths,
shall state on each birth certificate or stillbirth certificate,
as the case may be, whether a blood test for syphilis was
performed during such pregnancy upon a specimen of blood taken
from the woman who bore the child for which the birth or
stillbirth certificate is filed.
If such test was made, the physician shall state on the
certificate the name of the test used, the date the test was
performed and the name of the laboratory making the test; if not
made, the physician filing the certificate shall state the reason
or reasons why such test was not performed. In no event shall
the result of the test be stated on the birth or stillbirth
WVC 16 - 4 A- 5
§16-4A-5. Offenses; penalty.
Any physician or representative of a laboratory, making such
examinations or tests as are required by this article, or filing
such birth or stillbirth certificates, who shall knowingly
misrepresent any of the facts called for in the laboratory
reports or birth or stillbirth certificate, or who otherwise
knowingly and wilfully shall violate any provision of this
article, shall be guilty of a misdemeanor and upon conviction
thereof shall be subject to a fine of not less than ten dollars
nor more than fifty dollars.
WVC 16 - 4 A- 6
If any part of this article shall be declared
unconstitutional, such declaration shall not affect any other
Note: WV Code updated with legislation passed through the 2016 Regular Session
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