BILL NUMBER: AB 2818	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Maze

                        FEBRUARY 24, 2006

   An act to add Chapter 2.3 (commencing with Section 11757.70) to
Part 1 of Division 10.5 of the Health and Safety Code, relating to
child and maternal health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2818, as introduced, Maze  Maternal use of narcotics: testing.
   Existing law establishes the State Department of Health Services
and sets forth its powers and duties, including, but not limited to,
duties regarding licensing and certification of health facilities,
and regarding maternal and child health. Existing law establishes the
State Department of Alcohol and Drug Programs and sets forth its
powers and duties, including, but not limited to, duties related to
alcohol and drug affected mothers and infants.
   This bill would require the State Department of Health Services,
in consultation with the State Department of Alcohol and Drug
Programs, to conduct a pilot program that would randomly select 12
health facilities to conduct random tests of mothers and their
infants at birth to determine the prevalence of illegal narcotics use
by expectant mothers, and to report the statistical results to the
Legislature by January 1, 2008.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 2.3 (commencing with Section 11757.70) is added
to Part 1 of Division 10.5 of the Health and Safety Code,
immediately following Section 11757.61, to read:
      CHAPTER 2.3.  DRUG TESTING OF MOTHERS AND INFANTS

   11757.70.  (a) The State Department of Health Services, in
consultation with the State Department of Alcohol and Drug Programs,
shall establish a pilot program to determine the incidence of illegal
narcotic use by expectant mothers.
   (b) The State Department of Health Services shall randomly select
12 health facilities licensed as general acute care hospitals
pursuant to subdivision (a) of Section 1250 that provide obstetrical
and neonatal services to participate in the program.
   (c) The State Department of Health Services shall establish
protocols for the program that require each participating health
facility to conduct random urine tests of mothers and their infants
at birth. The confidential tests shall be undisclosed to the mother
and shall be designed to identify the illegal use of narcotics by the
mother.  The program shall require that if the mother tests positive
and the baby tests negative, that a further test be conducted of the
baby's meconium.
   (d) The State Department of Health Services shall establish
protocols for the program that require the selected health facilities
to compile the results in a statistical report in a manner that does
not identify the mothers or infants tested and shall require the
selected health facilities to report the results to the State
Department of Health Services and the State Department of Alcohol and
Drug Programs in a statistical format designed by the State
Department of Health Services in consultation with the State
Department of Alcohol and Drug Programs.
   (e) The State Department of Health Services, in consultation with
the State Department of Alcohol and Drug Programs, shall report the
statewide results of the pilot program to the Legislature by January
1, 2008.