The State is Demanding my Blood because I'm pregnant!Submitted by Gnarlemagne on Mon, 09/15/2008 - 16:12
The State of North Carolina has a rule in their administrative code stating that.....
10A NCAC 41A .0204 e All pregnant women shall be tested for syphilis, chlamydia and gonorrhea at the first prenatal visit. All pregnant women shall be tested for syphilis between 28 and 30 weeks of gestation and at delivery. Hospitals shall determine the syphilis serologic status of the mother prior to discharge of the newborn so that if necessary the newborn can be evaluated and treated as provided in (c)(2) of this rule. Pregnant women 25 years of age and younger shall be tested for chlamydia and gonorrhea in the third trimester or at delivery if the woman was not tested in the third trimester. http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health...
I'm 26 weeks pregnant, and I am not happy. So far I have refused all of these tests, but I've spoken with the hospital and it is sounding like if I go to deliver they will do the tests against my consent, (and in violation of my religion). If I manage to refuse them (which I don't think I can manage) they'll grab the needles and take aim at my newborn's veins and/or threaten to contact DSS.
Since this isn't something I want to leave up to chance. I am trying to fight the law now (and not after they completely violate my body or my babies body). To the best of my understanding since this is addressing a rule in the NC administrative code it falls under administrative/constitutional law for the state and must be heard in NC Superior Court. I am currently trying to verify this and start the ball rolling. I am hoping I can get a quick court date due to the fact that the baby just won't wait.
Something interesting to note is that the laws that are part of the general statues, (you know the ones actually made by elected officials) all have clauses for exemption. The neonatal screening for PKU is required unless refused by parents. Vaccines are required unless the parents have a religious objection. The rule made by the Public Health Commission regarding STD testing in prudish monogamous pregnant women has no such exception clause. It is absolute.
Anyone ever tried to get a law overturned this way before? I'd love any input or advise.