{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2403.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2403.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2403.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2403.1.html"}],"law_id":83187,"edition_id":1,"section_id":83187,"structure_id":14778,"section_number":"54.1-2403.1","catch_line":"Protocol for certain medical history screening required","history":"1992, c. 428; 2004, c. 49.","full_text":"A\n\nAs a routine component of every pregnant woman’s prenatal care, every practitioner 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 a medical history protocol for screening pregnant women for substance abuse to determine the need for a specific substance abuse evaluation. The medical history protocol shall include, but need not be limited to, a description of the screening device and shall address abuse of both legal and illegal substances. The medical history screening may be followed, as necessary and appropriate, with a thorough substance abuse evaluation.B\n\nThe results of such medical history screening and of any specific substance abuse evaluation which may be conducted shall be confidential and, if the woman is enrolled in a treatment program operated by any facility receiving federal funds, shall only be released as provided in federal law and regulations. However, if the woman is not enrolled in a treatment program or is not enrolled in a program operated by a facility receiving federal funds, the results may only be released to the following persons:1\n\nThe subject of the medical history screening or her legally authorized representative.2\n\nAny person designated in a written release signed by the subject of the medical history screening or her legally authorized representative.3\n\nHealth care providers for the purposes of consultation or providing care and treatment to the person who was the subject of the medical history screening.C\n\nThe results of the medical history screening required by this section or any specific substance abuse evaluation which may be conducted as part of the prenatal care shall not be admissible in any criminal proceeding.D\n\nPractitioners shall advise their patients of the results of the medical history screening and specific substance abuse evaluation, and shall provide such information to third-party payers as may be required for reimbursement of the costs of medical care. However, such information shall not be admissible in any criminal proceedings. Practitioners shall advise all pregnant women whose medical history screenings and specific substance abuse evaluations are positive for substance abuse of appropriate treatment and shall inform such women of the potential for poor birth outcomes from substance abuse.","order_by":null,"text":{"0":{"id":298054,"text":"As a routine component of every pregnant woman’s prenatal care, every practitioner 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 a medical history protocol for screening pregnant women for substance abuse to determine the need for a specific substance abuse evaluation. The medical history protocol shall include, but need not be limited to, a description of the screening device and shall address abuse of both legal and illegal substances. The medical history screening may be followed, as necessary and appropriate, with a thorough substance abuse evaluation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298055,"text":"The results of such medical history screening and of any specific substance abuse evaluation which may be conducted shall be confidential and, if the woman is enrolled in a treatment program operated by any facility receiving federal funds, shall only be released as provided in federal law and regulations. However, if the woman is not enrolled in a treatment program or is not enrolled in a program operated by a facility receiving federal funds, the results may only be released to the following persons:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":298056,"text":"The subject of the medical history screening or her legally authorized representative.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":298057,"text":"Any person designated in a written release signed by the subject of the medical history screening or her legally authorized representative.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":298058,"text":"Health care providers for the purposes of consultation or providing care and treatment to the person who was the subject of the medical history screening.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":298059,"text":"The results of the medical history screening required by this section or any specific substance abuse evaluation which may be conducted as part of the prenatal care shall not be admissible in any criminal proceeding.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":298060,"text":"Practitioners shall advise their patients of the results of the medical history screening and specific substance abuse evaluation, and shall provide such information to third-party payers as may be required for reimbursement of the costs of medical care. However, such information shall not be admissible in any criminal proceedings. Practitioners shall advise all pregnant women whose medical history screenings and specific substance abuse evaluations are positive for substance abuse of appropriate treatment and shall inform such women of the potential for poor birth outcomes from substance abuse.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14778,"edition_id":1,"name":"General Provisions","identifier":"24","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:49:51","date_modified":"2026-06-26 03:49:51","permalink":{"id":241107,"object_type":"structure","relational_id":14778,"identifier":"24","token":"54.1\/III\/24","url":"\/54.1\/III\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65440,"structure_id":14778,"section_number":"54.1-2400","catch_line":"General powers and duties of health regulatory boards","url":"\/54.1-2400\/","token":"54.1\/III\/24\/54.1-2400","metadata":false},{"id":83001,"structure_id":14778,"section_number":"54.1-2400.01","catch_line":"Certain definition","url":"\/54.1-2400.01\/","token":"54.1\/III\/24\/54.1-2400.01","metadata":false},{"id":72970,"structure_id":14778,"section_number":"54.1-2400.01:1","catch_line":"Surgery defined; 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cord blood banking","url":"\/54.1-2403.02\/","token":"54.1\/III\/24\/54.1-2403.02","metadata":false},"next_section":{"id":62453,"structure_id":14778,"section_number":"54.1-2403.2","catch_line":"Record storage","url":"\/54.1-2403.2\/","token":"54.1\/III\/24\/54.1-2403.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2403.1\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 428 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2004, chapter 49<\/a>.<\/p>","references":[{"id":85883,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","order_by":null,"url":"\/32.1-127\/"}],"refers_to":false,"permalink":{"id":241193,"object_type":"law","relational_id":83187,"identifier":"54.1-2403.1","token":"54.1\/III\/24\/54.1-2403.1","url":"\/54.1-2403.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2403.1\/","token":"54.1\/III\/24\/54.1-2403.1","dublin_core":{"Title":"Protocol for certain medical history screening required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2403.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As a routine component of every pregnant woman’s prenatal care, every practitioner licensed pursuant to this subtitle who renders prenatal care, including any holder of a multistate licensure privilege<\/span> to practice nursing, regardless of the site of such practice, shall establish and implement a medical history protocol for screening pregnant women for substance abuse to determine the need for a specific substance abuse evaluation. The medical history protocol shall include, but need not be limited to, a description of the screening device and shall address abuse of both legal and illegal substances. The medical history screening may be followed, as necessary and appropriate, with a thorough substance abuse evaluation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The results of such medical history screening and of any specific substance abuse evaluation which may be conducted shall be confidential and, if the woman is enrolled in a treatment program operated by any facility receiving federal funds, shall only be released as provided in federal law<\/span> and regulations. However, if the woman is not enrolled in a treatment program or is not enrolled in a program operated by a facility receiving federal funds, the results may only be released to the following persons: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The subject of the medical history screening or her legally authorized representative. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person designated in a written release signed by the subject of the medical history screening or her legally authorized representative. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Health care providers for the purposes of consultation or providing care and treatment to the person who was the subject of the medical history screening. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The results of the medical history screening required by this section or any specific substance abuse evaluation which may be conducted as part of the prenatal care shall not be admissible<\/span> in any criminal proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Practitioners shall advise their patients of the results of the medical history screening and specific substance abuse evaluation, and shall provide such information to third-party<\/span> payers as may be required for reimbursement of the costs of medical care. However, such information shall not be admissible<\/span> in any criminal proceedings. Practitioners shall advise all pregnant women whose medical history screenings and specific substance abuse evaluations are positive for substance abuse of appropriate treatment and shall inform such women of the potential for poor birth outcomes from substance abuse. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROTOCOL FOR CERTAIN MEDICAL HISTORY SCREENING REQUIRED (\u00a7 54.1-2403.1)\n\nA. As a routine component of every pregnant woman’s prenatal care, every\npractitioner licensed pursuant to this subtitle who renders prenatal care,\nincluding any holder of a multistate licensure privilege to practice nursing,\nregardless of the site of such practice, shall establish and implement a medical\nhistory protocol for screening pregnant women for substance abuse to determine\nthe need for a specific substance abuse evaluation. The medical history protocol\nshall include, but need not be limited to, a description of the screening device\nand shall address abuse of both legal and illegal substances. The medical\nhistory screening may be followed, as necessary and appropriate, with a thorough\nsubstance abuse evaluation.\n\nB. The results of such medical history screening and of any specific substance\nabuse evaluation which may be conducted shall be confidential and, if the woman\nis enrolled in a treatment program operated by any facility receiving federal\nfunds, shall only be released as provided in federal law and regulations.\nHowever, if the woman is not enrolled in a treatment program or is not enrolled\nin a program operated by a facility receiving federal funds, the results may\nonly be released to the following persons:\n\n 1. The subject of the medical history screening or her legally authorized\n representative.\n\n 2. Any person designated in a written release signed by the subject of the\n medical history screening or her legally authorized representative.\n\n 3. Health care providers for the purposes of consultation or providing care\n and treatment to the person who was the subject of the medical history\n screening.\n\nC. The results of the medical history screening required by this section or any\nspecific substance abuse evaluation which may be conducted as part of the\nprenatal care shall not be admissible in any criminal proceeding.\n\nD. Practitioners shall advise their patients of the results of the medical\nhistory screening and specific substance abuse evaluation, and shall provide\nsuch information to third-party payers as may be required for reimbursement of\nthe costs of medical care. However, such information shall not be admissible in\nany criminal proceedings. Practitioners shall advise all pregnant women whose\nmedical history screenings and specific substance abuse evaluations are positive\nfor substance abuse of appropriate treatment and shall inform such women of the\npotential for poor birth outcomes from substance abuse.\n\nHISTORY: 1992, c. 428; 2004, c. 49.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}