Kentucky 2023 Regular Session

Kentucky House Bill HB368

Introduced
2/17/23  

Caption

AN ACT relating to maternal health.

Impact

The proposed amendments could have widespread implications for healthcare practices relating to maternal health. By explicitly stating that positive toxicology findings cannot be used as prosecutorial evidence, the bill aims to remove pressures that might lead healthcare providers to avoid necessary screenings for fear of legal repercussions. This change is intended to create a safer environment for pregnant women when discussing substance use with their healthcare providers, thus potentially reducing stigma and encouraging appropriate care.

Summary

House Bill 368 introduces significant changes to the protocols surrounding maternal health care in the Commonwealth of Kentucky. The bill mandates that physicians and other legally permitted practitioners take measures to screen pregnant women for various health issues, including syphilis, hepatitis B, and hepatitis C, ensuring that adequate testing is performed as soon as pregnancy is diagnosed or within a specified time frame after delivery. Additionally, it addresses the administration of toxicology tests on both mothers and newborns to detect potential substance exposure, ultimately aiming to safeguard maternal and infant health during critical periods.

Sentiment

Discussions surrounding HB 368 appear to reflect a generally supportive sentiment towards enhancing maternal health diagnostics while simultaneously safeguarding the rights of mothers. Advocates of the bill emphasize the importance of improving health outcomes for both mothers and infants, particularly in cases of prenatal exposure to harmful substances. However, there may be concerns voiced by some stakeholders related to how effectively these measures can be implemented in practice and their long-term effects on maternal health management.

Contention

Notable contention may arise regarding the balance between public health measures and the legal implications of substance use during pregnancy. Critics may raise concerns that while the bill aims to improve health screenings, it must also account for how these screenings are perceived by communities, particularly among vulnerable populations. Ensuring that the implementation of this bill does not inadvertently lead to discrimination or fear amongst pregnant women regarding substance use disclosures will be a critical point of monitoring as it progresses through the legislative process.

Companion Bills

No companion bills found.

Previously Filed As

KY HB41

AN ACT relating to maternal mental health.

KY HB282

AN ACT relating to maternal mental health.

KY SB74

AN ACT relating to public health.

KY SB215

AN ACT relating to maternal health.

KY HB306

AN ACT relating to maternal health disparities in perinatal care.

KY HB233

AN ACT relating to maternal health disparities in perinatal care.

KY HB43

AN ACT relating to maternal health disparities in perinatal care.

KY HB10

AN ACT relating to maternal and child health.

Similar Bills

MD HB956

Pregnant and Perinatal Drug Screening and Testing Workgroup

TX SB1774

Relating to the use of certain controlled substances by women who are pregnant or may become pregnant and the designation of neonatal abstinence syndrome from substance use as a reportable condition.

HI HB221

Relating To Human Services.

HI HB221

Relating To Human Services.

TX HB109

Relating to the use of certain controlled substances by women who are pregnant or may become pregnant and the designation of neonatal abstinence syndrome from substance use as a reportable condition.

TX SB26

Relating to the use of certain controlled substances by women who are pregnant or may become pregnant and the designation of neonatal abstinence syndrome from substance use as a reportable condition.

CA AB3170

Public health: maternal substance abuse.

LA HB803

Provides relative to substance use disorder treatment for pregnant women