SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 451

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

AN ACT

RELATING TO DRUG TESTING; REQUIRING HEALTH CARE PROVIDERS TO PERFORM SUBSTANCE ABUSE CONSULTATIONS FOR PREGNANT AND POSTPARTUM WOMEN; REQUIRING CONSENT FROM CERTAIN PREGNANT AND POSTPARTUM WOMEN PRIOR TO DRUG TESTING; REQUIRING COMMUNICATION OF BENEFITS OF SUBSTANCE ABUSE SERVICES UPON POSITIVE DRUG TESTING RESULTS.

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

     SECTION 1. PREGNANT OR POSTPARTUM WOMEN--SUBSTANCE ABUSE CONSULTATION--DRUG TESTING UPON CONSENT--REFERRAL TO SPECIALIZED TREATMENT.--

          A. A health care provider shall:

                (1) be trained how to determine when a pregnant or postpartum woman maybe using illegal substances and how to assist a pregnant or postpartum woman who admits use of illegal substances;

                (2) perform a substance abuse consultation as part of the care of every pregnant or postpartum woman, including screening for alcohol, illicit drugs, prescription drugs, tobacco and other substances and risky behaviors;

                (3) conduct the substance abuse consultation by interview, self-report and clinical observation;

                (4) base the substance abuse consultation on specific criteria and medical indicators; and

                (5) not base the substance abuse consultation on discriminatory or biased factors.

          B. If a pregnant or postpartum woman refuses drug testing after a substance abuse consultation, it shall not be performed, except as otherwise provided by law.

          C. Women who consent to drug testing shall be informed about the drug testing process, the nature and purpose of the drug testing and how results will guide patient management, including possible benefits and consequences of the drug testing.

          D. A health care provider shall advise a pregnant or postpartum woman with a positive drug testing of the benefits of specialized substance abuse treatment services and, with her consent, shall refer the pregnant or postpartum woman for substance abuse treatment services, except in the case of a drug testing performed pursuant to a court order or search warrant.

          E. 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.

          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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