EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1335*
HOUSE BILL 1335
J1 2lr1765
CF SB 843
By: Delegates Williams and Charles
Introduced and read first time: February 11, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Perinatal Care – Drug and Alcohol Testing and Screening – Consent 2
FOR the purpose of prohibiting health care providers from administering a drug or alcohol 3
test or screen to pregnant and perinatal patients and newborn infants, except under 4
certain circumstances; requiring that a certain form provided by the Maryland 5
Department of Health describe medical, legal, and collateral consequences of a 6
positive drug or alcohol test or screen result; and generally relating to drug and 7
alcohol testing and screening of pregnant and perinatal patients and newborn 8
infants. 9
BY adding to 10
Article – Health – General 11
Section 20–120 to be under the new part “Part V. Pregnant and Perinatal Patients 12
and Newborn Infants” 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Health – General 18
20–118. RESERVED. 19
20–119. RESERVED. 20
PART V. PREGNANT AND PERINATAL PATIENTS AND NEWBORN INFANTS. 21
20–120. 22
2 HOUSE BILL 1335
(A) (1) A PHYSICIAN, A NURSE PRACTITIONER , A SOCIAL WORKER , 1
HOSPITAL PERSONNEL , OR ANY OTHER HEALTH CARE PR OVIDER MAY NOT 2
ADMINISTER A DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL S CREEN TO A 3
PREGNANT OR PERINATAL PATIENT, UNLESS: 4
(I) ON A FORM PROVIDED BY THE DEPARTMENT , THE HEALTH 5
CARE PROVIDER OBTAINS WRITTEN CONSENT TO ADMINISTER THE TE ST OR SCREEN 6
FROM THE PREGNANT OR PERINATAL PATIENT; AND 7
(II) THE ADMINISTRATION OF A DRUG OR ALCOHOL TE ST OR 8
DRUG OR ALCOHOL SCREEN IS WITHIN THE SCOPE OF THE PERINATAL CARE 9
PROVIDED TO THE PATI ENT. 10
(2) A PHYSICIAN, A NURSE PRACTITIONER , A SOCIAL WORKER , 11
HOSPITAL PERSONNEL , OR ANY OTHER HEALTH CARE PR OVIDER MAY NOT 12
ADMINISTER A DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN TO A 13
NEWBORN INFANT , UNLESS, ON A FORM PROVIDED B Y THE DEPARTMENT , THE 14
PROVIDER OBTAINS WRI TTEN CONSENT TO ADMI NISTER THE TEST OR S CREEN FROM 15
AN INDIVIDUAL WHO IS A PARENT OR AN ASSIGNED LEGAL GU ARDIAN OF THE 16
NEWBORN INFANT . 17
(B) THE FORM PROVIDED BY THE DEPARTMENT UNDER SUBSECTION (A) OF 18
THIS SECTION SHALL DESCRIBE THE POTENTI AL MEDICAL, LEGAL, AND 19
COLLATERAL CONSEQUENCES OF A PO SITIVE DRUG OR ALCOHOL TEST OR SCREEN 20
RESULT IN RELATION TO THE P ATIENT OR NEWBORN IN FANT. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2022. 23