Section 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.