                                 CODE OF VIRGINIA

PROTOCOL FOR CERTAIN MEDICAL HISTORY SCREENING REQUIRED (§ 54.1-2403.1)

A. As a routine component of every pregnant woman&#8217;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. 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:

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

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

   3. 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.

C. 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.

D. 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.

HISTORY: 1992, c. 428; 2004, c. 49.