54.1-2403.1 - Protocol for certain medical history screening required. - Virginia Statutes

§ 54.1-2403.1. Protocol for certain medical history screening required.

A. As a routine component of every pregnant woman's prenatal care, everypractitioner licensed pursuant to this subtitle who renders prenatal care,including any holder of a multistate licensure privilege to practice nursing,regardless of the site of such practice, shall establish and implement amedical history protocol for screening pregnant women for substance abuse todetermine the need for a specific substance abuse evaluation. The medicalhistory protocol shall include, but need not be limited to, a description ofthe screening device and shall address abuse of both legal and illegalsubstances. The medical history screening may be followed, as necessary andappropriate, with a thorough substance abuse evaluation.

B. The results of such medical history screening and of any specificsubstance abuse evaluation which may be conducted shall be confidential and,if the woman is enrolled in a treatment program operated by any facilityreceiving federal funds, shall only be released as provided in federal lawand regulations. However, if the woman is not enrolled in a treatment programor is not enrolled in a program operated by a facility receiving federalfunds, the results may only be released to the following persons:

1. The subject of the medical history screening or her legally authorizedrepresentative.

2. Any person designated in a written release signed by the subject of themedical history screening or her legally authorized representative.

3. Health care providers for the purposes of consultation or providing careand treatment to the person who was the subject of the medical historyscreening.

C. The results of the medical history screening required by this section orany specific substance abuse evaluation which may be conducted as part of theprenatal care shall not be admissible in any criminal proceeding.

D. Practitioners shall advise their patients of the results of the medicalhistory screening and specific substance abuse evaluation, and shall providesuch information to third-party payers as may be required for reimbursementof the costs of medical care. However, such information shall not beadmissible in any criminal proceedings. Practitioners shall advise allpregnant women whose medical history screenings and specific substance abuseevaluations are positive for substance abuse of appropriate treatment andshall inform such women of the potential for poor birth outcomes fromsubstance abuse.

(1992, c. 428; 2004, c. 49.)