SENATE BILL 451

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO DRUG TESTING; REQUIRING HEALTH PROVIDERS TO SCREEN FOR SUBSTANCE ABUSE AND REFER CERTAIN PREGNANT AND POSTPARTUM WOMEN TO BEHAVIORAL HEALTH TREATMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. UNIVERSAL SCREENING OF PREGNANT OR POSTPARTUM WOMEN.--

          A. A health care provider shall screen pregnant or postpartum women for substance abuse in order to increase the likelihood of identifying substance abusers and to allow for the earliest possible intervention and referral to specialized treatment.

          B. Structured screening shall be built into the care of every pregnant or postpartum woman, including screening for alcohol, illicit drugs, prescription drugs, tobacco and other substances and risky behaviors.  

          C. Health care providers shall be trained in when and how to screen, in how to assist a pregnant or postpartum woman who admits use and in issues associated with prenatal and postpartum care of substance abusing women.

          D. Screening shall be conducted by interview, self-report and clinical observation.

     SECTION 2. DRUG TESTING ON PREGNANT OR POSTPARTUM WOMEN--REQUIRING REFERRAL TO SPECIALIZED TREATMENT.--

          A. Drug testing shall be based on specific criteria and medical indicators. Discriminatory or biased testing is prohibited, except those testings performed pursuant to a court order or search warrant.

          B. Women shall be informed about the planned drug testing, the nature and purpose of the testing and how results will guide management, including possible benefits and consequences of the testing.

          C. If a pregnant or postpartum woman refuses testing, it shall not be performed, unless otherwise provided by law.

          D. All positive test results of drug testing on a pregnant or postpartum woman, except those performed pursuant to a court order or search warrant, shall remain confidential pursuant to Section 14-6-1 NMSA 1978.

          E. A pregnant or postpartum woman with a positive drug test shall be advised of the benefits of specialized substance abuse treatment and, with her consent, referred for substance abuse treatment services, except in the case of a drug testing performed pursuant to a court order or search warrant.

          F. For purposes of this section:

                (1) "drug testing" means analysis of a woman's blood, hair or urine to screen for an illegal substance; and

                (2) "health care provider" means a person licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession.

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