Jun 7, 2007 12:54 pm US/Eastern

CBS News Interactive: HealthWatch

AIDS: The Modern Pandemic
CBS/AP) TRENTON, N.J. Should New Jersey test pregnant women and
newborns for HIV to combat the spread of the virus? A state senate
panel will debate the issue Thursday.

Senate President Richard J. Codey introduced the legislation and
described it as a "no brainer," but women's rights organizations
contend HIV testing would violate a woman's right to make
childbearing and medical decisions.

The state has had about 115,000 births per year in recent years,
according to state statistics.

The bill would require all pregnant women be tested for HIV twice,
once early in the pregnancy and a second time in the third trimester,
unless the mother specifically asks not to have it.

The bill initially proposed requiring every birthing facility in the
state to test all newborns, but changes would require newborns to be
tested only if the mother has tested positive or her status is
unknown at the time of birth.

Codey, D-Essex, has cited a Centers for Disease Control and
Prevention report that found medical treatment during pregnancy can
cut the risk of mother-to-child HIV transmission from 25 percent to 2
percent.

"The key in the fight against HIV and AIDS is early detection and
treatment," Codey said. "For newborns, this can be a lifesaving
measure."

But the Center for Women Policy Studies, a Washington-based feminist
advocacy organization, and similar groups contend HIV testing can
violate a woman's rights.

New Jersey law now requires providers only to offer HIV testing to
pregnant women.

Under the proposed bill:

--HIV testing would be part of routine prenatal care for all pregnant
women unless they object.

--Doctors would provide pregnant woman with information about HIV and
AIDS, including testing benefits, and data about the reduced risk to
the fetus if a pregnant woman receives treatment.

--The bill initially required women to object in writing, but changes
would allow her to simply state an objection. Any refusal would be
documented in her medical record, but could not become a basis for
denying care.

According to the Kaiser Foundation, a nonprofit research organization
focusing on U.S. health care issues, four states -- Arkansas,
Michigan, Tennessee and Texas, require health care providers to test
a mother for HIV, unless the mother specifically asks not to be
tested.

Connecticut and New York are the only states that test all newborns
for HIV, according to the foundation.

It says New Jersey has some of the highest rates in the nation for
AIDS cases, women with AIDS and pediatric HIV and AIDS cases.