SB 1039

This bill prohibits a healthcare facility licensed in this state from authorizing any licensed, certified, or authorized healthcare professional to perform either of the following:  A drug or alcohol test or screen on a patient who is pregnant or less than one year postpartum unless (i) the pregnant or postpartum patient provides prior written and oral informed consent utilizing a tool or questionnaire specific for the drug or alcohol test or screen and (ii) the performance of the drug or alcohol test or screen is within the scope of medical care being provided to the individual.  A drug or alcohol test or screen on a newborn unless (i) the individual authorized to consent for the newborn gives prior written and oral informed consent specific to the drug or alcohol test or screen and (ii) the performance of the drug or alcohol test or screen is within the scope of medical care being provided to the newborn. This bill requires the written and oral informed consent to a drug or alcohol test or screen as described above to (i) occur at the time of testing in a language understa ndable to the pregnant or postpartum patient; (ii) provide the patient sufficient opportunity to consider whether or not to authorize the drug or alcohol test or screen; (iii) minimize the possibility of coercion or undue influence, and (iv) consist of wr i tten and oral authorization that is dated and signed, and includes all of the following:  A statement explaining that consenting to a drug or alcohol test or screen is voluntary and requires written and oral informed consent, except when conditions as described below are met.  A statement that testing positive for drugs or alcohol could have legal consequences, including potentially being reported to the department of children's services and that the patient may want to consult with legal counsel prior to or after consenting to a drug or alcohol test or screen.  A statement of the medical purpose of the test or screen.  The extent of confidentiality of the test or screen results.  A general description of the test or screen. This bill authorizes a drug or alcohol test or screen to be performed or authorized without the consent of the patient or the individual authorized to consent for the newborn when, in the healthcare professional's judgment, an emergency exists and the patient or newborn is in immediate need of medical attention, and an attempt to secure consent would result in a delay of treatment that could increase the risk to the patient's or newborn's life or health. In the case that drug or alcohol testing or screening is performed or authorized u n der this provision, the test or screen results must be discussed with the patient or the individual authorized to consent for the newborn in language understandable to the patient or individual authorized to consent for the newborn and must consist of wri t ten and oral notification that is dated and signed, and includes a statement:  That testing or screening positive for drugs or alcohol could have legal consequences, including potentially being reported to the department of children's services, and that the patient or individual authorized to consent for the newborn may want to consult with legal counsel.  In the medical record with a description of the emergency that necessitated unconsented drug or alcohol testing or screening.  Explaining the extent of confidentiality of the test or screen results. This bill prohibits a healthcare facility licensed in this state from authorizing any licensed, certified, or authorized healthcare professional to refuse to treat a pregnant patient or a patient who is les s than one year postpartum or a newborn because of the patient or individual authorized to consent for the newborn's refusal to submit to a drug or alcohol test or screen. A patient's right to privacy as described in this bill extends to patients in the p regnancy and postpartum period and newborns. This bill does not diminish any other requirement to obtain informed consent for a drug or alcohol test or screen or any other procedure.