PRINTER'S NO. 3145
No. 2330 Session of 1990
INTRODUCED BY BISHOP, LINTON, JAMES, OLIVER, HARPER,
D. R. WRIGHT, R. C. WRIGHT, PISTELLA, BUSH, TIGUE, PETRONE,
PHILLIPS, KOSINSKI, HAYDEN, McNALLY, TRELLO, HERMAN, MORRIS,
LEVDANSKY, ROEBUCK, PRESTON, JOHNSON, FOX, MELIO AND
TANGRETTI, MARCH 13, 1990
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 13, 1990
AN ACT
1 Requiring physicians to report pregnant women who are chemically
2 dependent and requiring such women to undergo treatment.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Treatment for
7 Pregnant Women Who are Chemically Dependent Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Controlled substance." A controlled substance as defined in
13 the act of April 14, 1972 (P.L.233, No.64), known as The
14 Controlled Substance, Drug, Device and Cosmetic Act.
15 "Department." The Department of Health of the Commonwealth.
16 Section 3. Report.
1 A person who knows or has reason to believe that a pregnant
2 woman has used a controlled substance for a nonmedical purpose
3 shall immediately report the information to the department if
4 the person is:
5 (1) a professional who is engaged in the practice of the
6 healing arts, social services, hospital administration,
7 psychological or psychiatric treatment, child care, education
8 or law enforcement; or
9 (2) employed as a member of the clergy and received the
10 information while engaged in ministerial duties.
11 Section 4. Duties of department.
12 Upon receiving a report alleging a pregnant woman's use of a
13 controlled substance for a nonmedical purpose, the department
14 shall immediately conduct an appropriate assessment and offer
15 services indicated under the circumstances, including, but not
16 limited to, a referral for chemical dependency assessment,
17 chemical dependency treatment if recommended, prenatal care and
18 any action that is appropriate under the circumstances.
19 Section 5. Prenatal toxicology tests.
20 (a) Tests with consent.--A physician shall obtain from each
21 patient who seeks prenatal obstetrical care a signed statement
22 indicating whether or not the patient consents to toxicology
23 tests for the purpose of determining whether the patient has
24 ingested a controlled substance for a nonmedical purpose. If the
25 patient consents to such toxicology tests, and the results of a
26 test are positive, the physician shall report the results to the
27 department. A negative test result does not eliminate the
28 obligation to report if other evidence gives the physician
29 reason to believe that the patient has used a controlled
30 substance for a nonmedical purpose.
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1 (b) Tests without consent.--Even if a patient has not
2 consented to toxicology tests for use of a controlled substance
3 pursuant to subsection (a) during the time between 24 weeks of
4 gestation and delivery, a physician shall administer a
5 toxicology test to her to determine whether there is evidence
6 that she has ingested a controlled substance for a nonmedical
7 purpose if she has obstetrical complications that are a medical
8 indication of possible use of a controlled substance for a
9 nonmedical purpose. If the results are positive, the physician
10 shall report the results to the department. A negative test
11 result does not eliminate the obligation to report if other
12 evidence gives the physician reason to believe that the patient
13 has used a controlled substance for a nonmedical purpose.
14 (c) Immunity from liability.--Any physician or other medical
15 personnel administering a toxicology test to determine the
16 presence of a controlled substance in a pregnant woman pursuant
17 to this section is immune from civil or criminal liability if
18 the physician ordering the test believes in good faith that the
19 test is authorized or required under this section and the test
20 is administered in accordance with an established protocol and
21 reasonable medical practice.
22 (d) Reliability of tests.--A physician may not report a
23 positive test result under this section unless the test has been
24 verified by a confirmatory test performed by a drug testing
25 laboratory licensed by the department.
26 Section 6. Regulations.
27 The department shall promulgate such regulations as it deems
28 necessary to administer the provisions of this act.
29 Section 7. Effective date.
30 This act shall take effect in 60 days.
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