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HOUSE BILL 424
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Rebecca Dow and Gail Armstrong
AN ACT
RELATING TO CHILDREN; ENACTING THE PREGNANCY AND FAMILY CARE
ACT TO PROVIDE FOR THE SCREENING OF PREGNANT PATIENTS FOR
SUBSTANCE USE DISORDER; PRIORITIZING TREATMENT FOR THOSE
PATIENTS, INCLUDING THE DEVELOPMENT OF FAMILY PLANS OF CARE TO
PROVIDE A RANGE OF SERVICES TO ADDRESS RELATED NEEDS; REQUIRING
THE DEPARTMENT OF HEALTH TO DEVELOP A SYSTEM, DISTINCT FROM THE
SYSTEM USED FOR REPORTING ALLEGATIONS OF CHILD ABUSE AND
NEGLECT, TO REQUIRE HEALTH CARE PROVIDERS TO NOTIFY THE
DEPARTMENT REGARDING THE BIRTH OF SUBSTANCE-EXPOSED INFANTS,
INCLUDING DISAGGREGATED, NON-PERSONAL IDENTIFYING INFORMATION;
REQUIRING HOSPITALS, BIRTHING CENTERS AND OTHER FACILITIES TO
PROVIDE ALL POSTPARTUM PATIENTS WITH INFORMATION REGARDING THE
DEVELOPMENT OF VOLUNTARY FAMILY CARE PLANS; REQUIRING THE
DEPARTMENT TO DEVELOP EDUCATIONAL AND TRAINING MATERIALS FOR
HEALTH CARE PROVIDERS AND OTHERS PROVIDING SERVICES TO PREGNANT
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AND POSTPARTUM PATIENTS REGARDING FAMILY PLANS OF CARE;
ESTABLISHING STATEWIDE AND COUNTY ADVISORY COUNCILS TO PROVIDE
RECOMMENDATIONS TO THE DEPARTMENT RELATED TO THE IMPLEMENTATION
OF THE PREGNANCY AND FAMILY CARE ACT; PROVIDING FOR REPORTING;
REPEALING SECTIONS OF THE CHILDREN'S CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the
"Pregnancy and Family Care Act"."
SECTION 2. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Pregnancy and
Family Care Act:
A. "department" means the department of health;
B. "family care plan" means a plan created by a
health care provider or substance use disorder treatment
provider for a pregnant or postpartum patient, a substance-
exposed infant, a caregiver or a patient's family members to
provide a range of services to address substance use disorder
treatment, mental health issues, health care needs, parenting
skills, child development, education and other related needs;
C. "infant" means a child under the age of one
year;
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D. "substance-exposed infant" means an infant for
whom prenatal substance exposure is indicated and confirmed by
a health care provider; and
E. "substance use disorder" means a pattern of use
of alcohol, cannabis, hallucinogens, opioids, sedatives or
other drugs leading to clinical or functional impairment in
accordance with the definition in the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders ."
SECTION 3. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] PRENATAL SCREENING FOR SUBSTANCE USE
DISORDERS--DEVELOPMENT OF FAMILY CARE PLANS.--
A. During the first visit with a pregnant patient,
a health care provider shall, with the consent of the patient,
conduct a written or verbal screening for substance use
disorder to determine whether an assessment is required.
B. At any point during the treatment of a pregnant
patient, a health care provider may, with the consent of the
patient, conduct a follow-up screening for substance abuse
disorder.
C. If a health care provider determines through the
screening process that a pregnant patient may have a substance
use disorder, the health care provider shall conduct an
assessment to determine whether and which treatment or other
services are appropriate and refer the patient to another
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health care provider to conduct the assessment.
D. If a health care provider conducting an
assessment diagnoses a pregnant patient with an untreated
substance use disorder, the health care provider shall, with
the patient's consent, develop a family care plan."
SECTION 4. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] SCREENING AND ASSESSING SUBSTANCE USE
DISORDER TREATMENT FOR PREGNANT OR POSTPARTUM PATIENTS.--
A. A pregnant or postpartum patient referred to a
substance use disorder treatment provider shall be given
priority for starting available treatment.
B. A substance use disorder treatment provider who
receives state or federal funds shall not refuse to treat a
patient because the patient is pregnant, postpartum or already
receiving medication for substance use disorder.
C. A pregnant or postpartum patient who is
incarcerated in a state correctional facility or county jail,
participating in a court-supervised program or on parole or
probation shall receive substance use disorder treatment or
continue to receive substance use disorder treatment as
recommended by the patient's health care provider.
D. A health care provider shall not directly bill a
pregnant or postpartum patient for any service related to
substance use disorder treatment who has insurance coverage,
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unless the health care provider receives a prior authorization
rejection, rejection for payment of a claim or denial of
coverage from the patient's insurer. A patient may, however,
pay a health care provider for services related to substance
use disorder at the patient's discretion."
SECTION 5. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] NOTIFICATION REQUIREMENTS--PROCESS.--
A. No later than October 1, 2025, the department
shall establish a system, distinct from the one currently in
place at the children, youth and families department for
reporting alleged child abuse or neglect, requiring health care
providers who deliver or care for a substance-exposed infant to
simultaneously notify the department and the hospital, birthing
center or facility where the infant was delivered about the
birth of a substance-exposed infant, via an online portal or a
written form, as prescribed by department rule and consistent
with the requirements of the federal Child Abuse Prevention and
Treatment Act and the federal Comprehensive Addiction and
Recovery Act of 2016, which shall, at a minimum, include the
following disaggregated, non-personal identifying information:
(1) the zip code of the patient who gave birth
to the infant or, if unhoused, the facility where the birth
occurred;
(2) the race or ethnicity of the patient who
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gave birth to the infant;
(3) whether the birth was pre-term;
(4) the substances used by the patient who
gave birth to the infant and whether those substances were
provided by a health care provider;
(5) the substances affecting the infant;
(6) whether a family care plan had been
established for the patient before giving birth; and
(7) whether the health care provider who
provided the notification made a separate, concurrent report to
the children, youth and families department alleging child
abuse or neglect.
B. A hospital, birthing center or other facility
shall, before discharging any infant, provide to the patient, a
caregiver or a family member information regarding the
development of a family care plan, including instructions for
follow-up.
C. Beginning January 1, 2026, a hospital, birthing
center or other facility shall provide the department, each
quarter, with information regarding the number of patients who
have been provided information regarding the development of a
family care plan.
D. A substance use disorder diagnosis or a prenatal
or postnatal toxicology test of the patient or the infant at
the time of birth showing the presence of a controlled
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substance, a prescription drug, a non-prescription drug,
alcohol or cannabis shall not, itself, be a sufficient basis to
require:
(1) a health care provider to make a report to
the children, youth and families department of alleged child
abuse or neglect;
(2) the children, youth and families
department to start an investigation of the patient or the
patient's family members for alleged child abuse or neglect;
(3) the children, youth and families
department to remove custody of the infant from the patient or
the patient's family members; or
(4) a law enforcement agency to start a
criminal investigation of the patient or the patient's family
members.
E. Nothing in this section shall prevent a health
care provider from making a report to the children, youth and
families department of alleged child abuse or neglect if
factors other than substance use by the patient giving birth to
the infant are present and may harmfully impact the health or
safety of the infant.
F. The notification required to be submitted to the
department pursuant to this section is confidential and not
subject to subpoena, discovery or disclosure pursuant to the
Inspection of Public Records Act.
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G. Nothing in the Pregnancy and Family Care Act
shall prevent an agency from obtaining identifying information
about a patient or a substance-exposed infant, with the consent
of the patient, for the purpose of collaborating with other
state agencies, health care providers or other entities for the
purpose of providing services to the patient, the infant, the
caregiver or family members pursuant to a family care plan."
SECTION 6. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] FAMILY CARE PLANS--MANAGEMENT--
PARTICIPATION.--
A. A patient shall select a health care provider, a
substance use disorder treatment provider, a community health
worker or other person to manage the patient's family care
plan.
B. Participation in a family care plan by a
patient, a caregiver or a patient's family member shall be
voluntary. Refusal to participate in a family care plan shall
not be a sufficient basis to require:
(1) a person to make a report to the children,
youth and families department of alleged child abuse or
neglect;
(2) the children, youth and families
department to start an investigation of the patient, the
caregiver or the patient's family members for alleged child
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abuse or neglect;
(3) the children, youth and families
department to remove custody of the infant from the patient,
the caregiver or the patient's family members; or
(4) a law enforcement agency to start a
criminal investigation of the patient, the caregiver or the
patient's family members.
C. A patient who refuses to participate in a family
care plan or who terminates participation shall be able to
begin or resume participation at any time up to twelve months
after giving birth."
SECTION 7. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] EDUCATION AND TRAINING MATERIALS FOR
SERVICE PROVIDERS AND INFORMATION FOR MEMBERS OF THE PUBLIC.--
A. The department, in collaboration with the
relevant state agencies and other stakeholders, shall create:
(1) educational and training materials to
support health care providers, substance use disorder
providers, first responders, law enforcement agencies and
others providing services to pregnant and postpartum patients
and substance-exposed infants, including information regarding:
(a) the notification requirements
pursuant to Section 5 of the Pregnancy and Family Care Act;
(b) distinguishing the circumstances
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that require making a report of alleged child abuse or neglect
to the children, youth and families department;
(c) the development and management
family care plans;
(d) promoting early intervention;
(e) approaches for reducing the stigma
associated with substance use disorder; and
(f) using trauma-informed techniques
when treating patients with substance use disorder; and
(2) educational materials for members of the
public who may become pregnant and have a substance use
disorder, including information regarding:
(a) the services available pursuant to
the Pregnancy and Family Care Act;
(b) the availability of contraceptives
and how to obtain them within their community;
(c) the prevention and treatment of
sexually transmitted infections; and
(d) the availability of services
providing harm reduction programs within their community.
B. The department shall make the educational
materials created pursuant to Paragraph (2) of Subsection A of
this section available by:
(1) posting the educational materials on the
department's website; and
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(2) providing the educational materials, at no
cost, to entities that provide services to people who have
substance use disorders or are pregnant, postpartum or
parenting."
SECTION 8. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] STATEWIDE PERINATAL ADVISORY COUNCIL--
MEMBERSHIP--APPOINTMENT--DUTIES.--
A. The "statewide perinatal advisory council" is
established and is administratively attached to the department.
B. The statewide perinatal advisory council shall
hold the first meeting no later than September 1, 2025 and
thereafter shall meet at least quarterly at the call of the
chair.
C. The statewide perinatal advisory council
consists of fifteen members who shall be residents of the state
and appointed by and serve at the pleasure of the secretary of
health.
D. Members shall include:
(1) the secretary of health or the secretary's
designee, who shall serve as chair of the council;
(2) the secretary of children, youth and
families or the secretary's designee;
(3) the secretary of early childhood education
and care or the secretary's designee;
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(4) the secretary of health care authority or
the secretary's designee;
(5) a representative of the administrative
office of the courts;
(6) a representative of law enforcement
officers; and
(7) nine members from diverse linguistic and
cultural backgrounds and varied geographic regions, at least
six of whom shall be providers of services related to treating
pregnant and postpartum patients for substance use disorder and
promoting positive pregnancy- and postpartum-related health
outcomes, and at least three of whom shall be parents with
lived experience regarding substance use disorder appointed by
the secretary.
E. The secretary of health shall endeavor to
appoint members from underserved communities.
F. Non-state employee members may receive per diem
and mileage pursuant to the Per Diem and Mileage Act.
G. The secretary of health shall adopt and
promulgate rules for the conduct of meetings.
H. Members appointed pursuant to Paragraphs (5)
through (7) of Subsection E of this section shall be appointed
to serve an initial two-year term. A member vacancy shall be
filled in the same manner as the original appointment, and the
newly appointed individual shall serve out the remainder of the
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term.
I. No later than September 1, 2026, and annually
thereafter, the statewide perinatal advisory council shall
provide a report to the department containing information and
recommendations regarding perinatal substance use disorder,
including:
(1) models that emphasize coordination of
substance use disorder treatment services with other services
that address health care, child welfare and child development
needs;
(2) improvement of coordinated responses by
state agencies, including workforce development in underserved
areas;
(3) racial or ethnic disparities regarding
access to substance use disorder treatment, involvement with
the criminal justice system and involvement with child
protective services;
(4) promotion of the distribution of the
educational and training materials developed pursuant to
Section 7 of the Pregnancy and Family Care Act;
(5) communication with policymakers at the
state and federal levels regarding the prevention and treatment
needs of pregnant and postpartum patients with substance use
disorder and the patients' children;
(6) allocation of resources where needed;
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(7) coordination with the local councils
established pursuant to Section 9 of the Pregnancy and Family
Care Act to address the perinatal substance use disorder issues
in each county; and
(8) any other duties determined by the
department."
SECTION 9. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] COUNTY PERINATAL ADVISORY COUNCILS--
MEMBERSHIP--APPOINTMENT--DUTIES.--
A. The department, in conjunction with each board
of county commissioners or tribal leadership, shall establish
county perinatal coordinating councils for each county, or
group of counties where resources are limited.
B. Each county perinatal coordinating council shall
hold its first meeting no later than September 1, 2025, and
thereafter shall meet at least quarterly at the call of the
chair.
C. Each county perinatal coordinating council
shall, to the extent possible, consist of members who are
residents of the county or group of counties who provide
services to residents of the county and shall serve at the
pleasure of the chair.
D. Members shall include:
(1) a member of the board of county
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commissioners or tribal leadership, appointed by the secretary,
who shall serve as the chair;
(2) a representative from the county's
department of health office or a member of the county health
council or tribal health council, appointed by the director of
the office or the secretary;
(3) a representative from the county's
children, youth and families department office, appointed by
the secretary of children, youth and families;
(4) a person with knowledge of prenatal and
child health services available in the county, appointed by the
director of the county's department of health office or the
secretary;
(5) a person with knowledge of outreach and
intervention services available in the county, appointed by the
director of the county's department of health office;
(6) a person with knowledge of early
intervention services available in the county, appointed by the
director of the county's early childhood and education and care
department office or the secretary of early childhood education
and care;
(7) a substance use disorder treatment
provider with experience treating pregnant patients with
substance use disorder in the county, appointed by the New
Mexico medical board;
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(8) a representative from a community
organization in the county that focuses on equitable access to
health care, appointed by the chair;
(9) a parent residing in the county with lived
experience of substance use disorder while pregnant, appointed
by the director of the county's department of health office or
the secretary; and
(10) a county law enforcement officer or
district attorney, appointed by the county law enforcement
agency or district attorney.
E. Members of county perinatal coordinating
councils shall serve an initial two-year term. In the event of
a vacancy in council membership, the vacancy shall be filled
in the same manner as the original appointment, and the newly
appointed individual shall serve out the remainder of the term.
F. Non-state employee members may receive per diem
and mileage pursuant to the Per Diem and Mileage Act.
G. The chair of the council shall adopt and
promulgate rules for the conduct of meetings.
H. All members shall be appointed to serve an
initial two-year term. A member vacancy shall be filled in the
same manner as the original appointment, and the newly
appointed individual shall serve out the remainder of the term.
I. No later than July 1, 2026 and annually
thereafter, each county perinatal advisory council shall
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provide a report to the statewide perinatal advisory council
containing information about the perinatal substance use
disorder problem in the county or counties served by the
council, including recommendations regarding:
(1) models for new coordinated responses by
state agencies, including workforce development in underserved
areas;
(2) the impact of racial or ethnic disparities
regarding access to substance use disorder treatment,
involvement with the criminal justice system and involvement
with child protective services;
(3) the distribution within the county of the
educational and training materials developed pursuant to
Section 7 of the Pregnancy and Family Care Act;
(4) communication with policymakers at the
state and federal levels regarding the prevention and treatment
needs of pregnant and postpartum patients with substance use
disorder and their children;
(5) allocation of additional resources where
needed;
(6) collaboration and coordination with the
statewide perinatal advisory council established pursuant to
Section 8 of the Pregnancy and Family Care Act to address the
perinatal substance use disorder issues in the county; and
(7) any other duties determined by the chair."
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SECTION 10. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] REPORTING.--No later than November 1, 2026
and annually thereafter, the department shall provide a report
to the legislative finance committee, the interim legislative
health and human services committee, the interim legislative
committee that studies courts, corrections and justice and the
governor containing information and recommendations regarding
perinatal substance use disorder."
SECTION 11. REPEAL.--Sections 32A-3A-13 and 32A-3A-14
NMSA 1978 (being Laws 2019, Chapter 190, Sections 3 and 4) are
repealed.
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