EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0843*
SENATE BILL 843
J1 2lr2598
CF 2lr1765
By: Senator Sydnor
Introduced and read first time: February 7, 2022
Assigned to: Finance
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 SENATE BILL 843
(A) (1) A PHYSICIAN, A NURSE PRACTITIONER , A SOCIAL WORKER , 1
HOSPITAL PERSONNEL , OR ANY OTHER HEALTH CARE PROVIDER MAY NO T 2
ADMINISTER A DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN TO A 3
PREGNANT OR PERINATA L PATIENT, UNLESS: 4
(I) ON A FORM PROVIDED BY THE DEPARTMENT , THE HEALTH 5
CARE PROVIDER OBTAIN S WRITTEN CONSENT TO ADMINISTER THE TEST 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 SCRE EN IS WITHIN THE SCOPE OF T HE 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 PROVIDER MAY NO T 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 ASSIG NED LEGAL GUARDIAN O F THE 16
NEWBORN INFANT . 17
(B) THE FORM PROVIDED BY THE DEPARTMENT UNDER SUBSECTION (A) OF 18
THIS SECTION SHALL D ESCRIBE THE POTENTIA L MEDICAL , LEGAL, AND 19
COLLATERAL CONSEQUEN CES OF A POSITIVE DR UG OR ALCOHOL TEST O R SCREEN 20
RESULT IN RELATION T O THE PATIENT OR NEW BORN INFANT. 21
SECTION 2. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 22
October 1, 2022. 23