5391-S

AN ACT Relating to infants exposed to drugs; adding a new chapter to Title 70 RCW; creating a new section; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. LEGISLATIVE INTENT. The legislature finds that chemical drug exposure during pregnancy jeopardizes the long-term health and well-being of infants. The legislature declares that adequate medical care during and after pregnancy, chemical abuse treatment for pregnant women, and other support services for the child and mother are needed to minimize the adverse effects of chemical abuse. The legislature has demonstrated its commitment to providing these services through a significant expansion of maternity care and child health services. It has also expanded chemical abuse treatment and support services for pregnant women through the enhancement of inpatient and outpatient services, transitional housing, case management, and child care. The legislature further finds that early identification through medical assessment of chemically exposed infants can reduce long-term adverse medical, social, and economic consequences only when such identification results in the provision of needed medical and support services. It further declares that well integrated and coordinated delivery of services to mothers and infants is essential to promote the long-term health and well-being of chemically exposed infants.

NEW SECTION. Sec. 2. DEFINITIONS. As used in this chapter, the terms in this section have the meanings indicated unless the context clearly requires otherwise.

(1) "Drug" means a controlled substance under chapter 69.50 RCW used for nonmedical purposes.

(2) "Fetal alcohol syndrome assessment" means a procedure established by section 3 of this act and conducted by a health care facility for screening and assessing infants to identify those who have a cluster of congenital features associated with the syndrome.

(3) "Health care facility" means a hospital as licensed in chapter 70.41 RCW.

(4) "Infant drug exposure assessment" means a procedure established by section 3 of this act and conducted by a health care facility for screening and assessing newborn infants and mothers to identify those who have been exposed to drugs prior to birth.

(5) "Nonmedical purpose" means use of a controlled substance as defined in chapter 69.50 RCW for purposes other than prescribed by an authorized health care practitioner as defined in RCW 69.50.101.

NEW SECTION. Sec. 3. ASSESSMENTS--UNIVERSITY OF WASHINGTON ACTIVITIES. The University of Washington shall, in consultation with the department of health, develop standards for conducting infant drug exposure assessments to determine possible drug exposure of infants prior to birth. The University of Washington shall also develop, in consultation with the department of health, standards for conducting fetal alcohol syndrome assessments to identify infants who may have the fetal alcohol syndrome. The standards may be updated from time to time. To the extent possible, the standards shall assure accurate, fair, and consistent medical assessments of newborn infants. The University of Washington shall make the assessment standards available to every health care facility for the purposes of conducting the assessments.

NEW SECTION. Sec. 4. ASSESSMENTS‑-USE‑-CONFIDENTIALITY OF ASSESSMENTS. (1) Health care facilities may conduct infant drug exposure assessments of newborn infants delivered at the facility to determine the presence of drugs acquired through exposure from the mother. The health care facilities may also conduct fetal alcohol syndrome assessments on infants in their facility to determine the possible presence of the syndrome. The assessments should be initiated prior to the discharge of the infant. The purpose of the assessments shall be to determine the need for immediate and postdischarge medical care, drug treatment, and support services for the mother and child.

(2) The results of the infant drug exposure assessments and the fetal alcohol syndrome assessments shall not be used in any criminal proceeding as evidence of either guilt or innocence.

NEW SECTION. Sec. 5. INTERAGENCY COORDINATION OF SERVICE DELIVERY. The department of social and health services and the department of health shall, within existing resources, assure that the delivery of available services to chemically dependent pregnant women and chemically dependent mothers and infants are coordinated so that (1) all available medical and support services offered through or paid by the agencies are provided to the extent of available resources, (2) existing community-based services are identified and utilized, (3) to the extent feasible, services be offered jointly to the mother and infant in a manner that promotes and preserves positive bonding of the mother and infant, and (4) possible long-term developmental disabilities are identified early to minimize adverse health consequences.

NEW SECTION. Sec. 6. EDUCATION FOR HEALTH CARE PROFESSIONALS. The department of health may provide prenatal, obstetrical, and pediatric health care services providers with appropriate educational materials on the effects of substance abuse by pregnant women. The educational materials may include information on identifying signs of alcohol and drug usage, the effects of alcohol and drug exposure, conducting medical assessments as provided for by this chapter, and referring patients to appropriate treatment and services.

NEW SECTION. Sec. 7. CAPTIONS NOT LAW. Section captions as used in this act constitute no part of the law.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 9. The sum of forty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the University of Washington for the purposes of this act.