BILL NUMBER: AB 2818	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2006

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 amended, 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   by January 15, 2008, to
develop a legal and illegal drug use surveillance program, as
specified, which shall not be implemented without subsequent
statutory authorization  .
   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
  LEGAL AND ILLEGAL DRUG USE SURVEILLANCE PROGRAM 

   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.  
   11757.70.  (a) By January 15, 2008, the State Department of Health
Services shall develop a plan to establish a statewide surveillance
program to ascertain changes in rates of, and patterns of, legal and
illegal drug use in California. This proposal shall include a
proposed budget and be provided to the Legislature for consideration.
  The plan shall not be implemented with subsequent statutory
authorization.
   (b) The intent of the Legislature is to consider establishing and
funding an ongoing surveillance system that provides timely
information on rates of drug use and changes in patterns of drug use
among the following groups of California residents:
   (1) Women of reproductive age.
   (2) Women receiving prenatal or obstetrics care.
   (3) Newborns.
   (c) The purpose of the surveillance system and data collected for
the system is to educate the public and provide basis for sound
policy decisions. This data shall not be used for enforcement
investigations by child welfare, law enforcement, or other agencies
or groups, nor is it intended to be used in diagnosis or treatment of
any medical condition, including addiction. This data shall be
collected in a way that protects the safety, dignity, anonymity, and
privacy of study participants, consistent with the highest standards
of scientific studies that utilize human subjects.
   (d) The data shall be collected in a manner that is rigorous and
cost-effective. Among the approaches to be considered are as follows:

   (1) Anonymous surveys.
   (2) Serum collection and analysis.
   (3) Representative population sampling.