HOUSE BILL 477

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Stefani Lord and Jenifer Jones

AN ACT

RELATING TO PUBLIC HEALTH; REQUIRING THE DEPARTMENT OF HEALTH TO DEVELOP A UNIVERSAL PRENATAL SUBSTANCE EXPOSURE SCREENING TOOL.

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

     SECTION 1. A new section of the Public Health Act is enacted to read:

     "[NEW MATERIAL] PRENATAL SUBSTANCE EXPOSURE SCREENING.--

          A. The department shall promulgate rules to develop a universal prenatal substance exposure screening tool. The screening tool shall:

                (1) be a survey performed by a health care provider during every prenatal checkup; and

                (2) include questions that investigate whether a pregnant patient has consumed any drugs or alcohol during the patient's pregnancy.

          B. All answers provided by pregnant patients in response to the universal prenatal substance exposure screening tool shall be confidential. Evidence of prenatal substance exposure that results from the screening tool shall not subject a pregnant patient to the requirements of the Family Services Act.

          C. If a pregnant patient's answers to the universal prenatal substance exposure screening tool indicate risk of prenatal substance exposure, the health care provider administering the screening tool shall refer the patient to a provider that offers prenatal substance use treatment."

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