Maryland 2022 Regular Session

Maryland House Bill HB1335 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1335
6	6
7	7	HOUSE BILL 1335
8	8	J1 2lr1765
9	9	CF SB 843
10	10	By: Delegates Williams and Charles
11	11	Introduced and read first time: February 11, 2022
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Perinatal Care – Drug and Alcohol Testing and Screening – Consent 2
19	19
20	20	FOR the purpose of prohibiting health care providers from administering a drug or alcohol 3
21	21	test or screen to pregnant and perinatal patients and newborn infants, except under 4
22	22	certain circumstances; requiring that a certain form provided by the Maryland 5
23	23	Department of Health describe medical, legal, and collateral consequences of a 6
24	24	positive drug or alcohol test or screen result; and generally relating to drug and 7
25	25	alcohol testing and screening of pregnant and perinatal patients and newborn 8
26	26	infants. 9
27	27
28	28	BY adding to 10
29	29	Article – Health – General 11
30	30	Section 20–120 to be under the new part “Part V. Pregnant and Perinatal Patients 12
31	31	and Newborn Infants” 13
32	32	Annotated Code of Maryland 14
33	33	(2019 Replacement Volume and 2021 Supplement) 15
34	34
35	35	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
36	36	That the Laws of Maryland read as follows: 17
37	37
38	38	Article – Health – General 18
39	39
40	40	20–118. RESERVED. 19
41	41
42	42	20–119. RESERVED. 20
43	43
44	44	PART V. PREGNANT AND PERINATAL PATIENTS AND NEWBORN INFANTS. 21
45	45
46	46	20–120. 22
47	47	2 HOUSE BILL 1335
48	48
49	49
50	50	(A) (1) A PHYSICIAN, A NURSE PRACTITIONER , A SOCIAL WORKER , 1
51	51	HOSPITAL PERSONNEL , OR ANY OTHER HEALTH CARE PR OVIDER MAY NOT 2
52	52	ADMINISTER A DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL S CREEN TO A 3
53	53	PREGNANT OR PERINATAL PATIENT, UNLESS: 4
54	54
55	55	(I) ON A FORM PROVIDED BY THE DEPARTMENT , THE HEALTH 5
56	56	CARE PROVIDER OBTAINS WRITTEN CONSENT TO ADMINISTER THE TE ST OR SCREEN 6
57	57	FROM THE PREGNANT OR PERINATAL PATIENT; AND 7
58	58
59	59	(II) THE ADMINISTRATION OF A DRUG OR ALCOHOL TE ST OR 8
60	60	DRUG OR ALCOHOL SCREEN IS WITHIN THE SCOPE OF THE PERINATAL CARE 9
61	61	PROVIDED TO THE PATI ENT. 10
62	62
63	63	(2) A PHYSICIAN, A NURSE PRACTITIONER , A SOCIAL WORKER , 11
64	64	HOSPITAL PERSONNEL , OR ANY OTHER HEALTH CARE PR OVIDER MAY NOT 12
65	65	ADMINISTER A DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN TO A 13
66	66	NEWBORN INFANT , UNLESS, ON A FORM PROVIDED B Y THE DEPARTMENT , THE 14
67	67	PROVIDER OBTAINS WRI TTEN CONSENT TO ADMI NISTER THE TEST OR S CREEN FROM 15
68	68	AN INDIVIDUAL WHO IS A PARENT OR AN ASSIGNED LEGAL GU ARDIAN OF THE 16
69	69	NEWBORN INFANT . 17
70	70
71	71	(B) THE FORM PROVIDED BY THE DEPARTMENT UNDER SUBSECTION (A) OF 18
72	72	THIS SECTION SHALL DESCRIBE THE POTENTI AL MEDICAL, LEGAL, AND 19
73	73	COLLATERAL CONSEQUENCES OF A PO SITIVE DRUG OR ALCOHOL TEST OR SCREEN 20
74	74	RESULT IN RELATION TO THE P ATIENT OR NEWBORN IN FANT. 21
75	75
76	76	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
77	77	October 1, 2022. 23