AB 3170

Bill Subjects

Public Health Maternal Substance Abuse

Abstract

Existing law, the Child Abuse and Neglect Reporting Act, requires certain persons specified as "mandated reporters" to report suspected child abuse or child neglect, as specified. The act provides that a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect but requires an indication of maternal substance abuse to lead to an assessment of the needs of the mother and child pursuant to a specified provision of law, and, if other factors are present that indicate risk to a child, a report is required to be made, as specified. Existing law requires each county to establish protocols between county health departments, county welfare departments, and public and private hospitals in the county, regarding the application and use of a needs assessment of, and a referral for, certain substance-exposed infants to a county welfare department. Existing law requires a clinic, health facility, home health agency, or hospice to prevent unlawful or unauthorized access to, and use or disclosure of, patients' medical information, as defined. Existing law authorizes a health care provider to disclose medical information to a county social worker, probation officer, foster care public health nurse, or any other person authorized to have custody or care of a minor for purposes of coordinating health care services and medical treatment. Existing law authorizes those individuals to receive medical information and protected health information, as specified. A violation of these provisions may be punished as a misdemeanor. Existing law exempts specific medical and mental health evidence from a civil proceeding, including medical-dental staff committee findings and recommendations, as specified, or that a person suffered or experienced excited delirium. This bill would prohibit the releasing, reporting, or providing of a perinatal person's or a newborn's drug test or alcohol test or screen results, or information about drug or alcohol use in a pregnant or perinatal person's or newborn's medical records or otherwise known to a medical provider, as specified. The bill would also require a licensed clinic, health facility, home health agency, or hospice to prevent unlawful or unauthorized access to, and use or disclosure of, among other information, a perinatal person's or newborn's drug test or alcohol test or screen results. This bill would prohibit the admission of those results or information in a civil proceeding. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.