KRS 214.160: Blood specimen of pregnant women to be taken -- Laboratory test --

Substance abuse tests of pregnant women and newborn infants -- Use of tests --

Report if infant is affected by substance abuse withdrawal symptoms -- Tests

for presence of hepatitis B and hepatitis C.

(1) Every physician and every other person legally permitted to engage in attendance

upon a pregnant woman in this state shall take or cause to be taken from the woman

a specimen of blood for serological test for syphilis as soon as he is engaged to

attend the woman and has reasonable grounds for suspecting that pregnancy exists.

If the woman is in labor at the time the diagnosis of pregnancy is made, which may

make it inadvisable to obtain a blood specimen at that time, the specim en shall be

obtained within ten (10) days after delivery. The specimen of blood shall be

submitted to the laboratory of the Cabinet for Health and Family Services or a

laboratory approved by the cabinet for the purpose of having made a serological test

for syphilis. The test shall be of a type approved by the Cabinet for Health and

Family Services.

(2) The Cabinet for Health and Family Services shall, as often as necessary, publish a

list of the five (5) most frequently abused substances, including alcohol, by pregnant

women in the Commonwealth. Any physician and any other person legally

permitted to engage in attendance upon a pregnant woman in this state may perform

a screening for alcohol or substance dependency or abuse, including a

comprehensive history of such behavior. Any physician may administer a

toxicology test to a pregnant woman under the physician's care within eight (8)

hours after delivery to determine whether there is evidence that she has ingested

alcohol, a controlled substance, or a substa nce identified on the list provided by the

cabinet, or if the woman has obstetrical complications that are a medical indication

of possible use of any such substance for a nonmedical purpose.

(3) Any physician or person legally permitted to engage in atten dance upon a pregnant

woman may administer to each newborn infant born under that person's care a

toxicology test to determine whether there is evidence of prenatal exposure to

alcohol, a controlled substance, or a substance identified on the list provided by the

Cabinet for Health and Family Services, if the attending person has reason to

believe, based on a medical assessment of the mother or the infant, that the mother

used any such substance for a nonmedical purpose during the pregnancy.

(4) The circumstances surrounding any positive toxicology finding shall be evaluated

by the attending person to determine if abuse or neglect of the infant, as defined

under KRS 600.020(1), shall be reported to the state's child protective services

agency.

(5) An infant affected by substance abuse withdrawal symptoms resulting from prenatal

drug exposure or fetal alcohol spectrum disorder shall be reported to the state's child

protective services agency in accordance with 42 U.S.C. sec. 5106a.

(6) No prenatal screening fo r alcohol or other substance abuse or positive toxicology

finding shall be used as prosecutorial evidence.

(7) No person shall conduct or cause to be conducted any toxicological test pursuant to

this section on any pregnant woman without first informing th e pregnant woman of

the purpose of the test.

(8) Every physician or other person legally permitted to engage in attendance upon a

pregnant woman in the Commonwealth shall take or cause to be taken from the

woman a specimen of blood which shall be submitted for the purpose of serologic

testing for the presence of hepatitis B surface antigen to a laboratory certified by the

United States Department for Health and Human Services pursuant to Section 333

of the Public Health Service Act (42 U.S.C. sec. 263a), as revised by the Clinical

Laboratory Improvement Amendments (CLIA), Pub.L. 100-578.

(9) (a) Every physician or other person legally permitted to engage in attendance

upon a pregnant woman in the Commonwealth shall take or cause to be taken

from the woman a specimen of blood which shall be submitted for the purpose

of serologic testing for the presence of hepatitis C virus antibodies and RNA

in the blood.

(b) The results of this testing shall be recorded by the physician or other person

legally permitted to e ngage in attendance upon a pregnant woman in the

Commonwealth, in:

1. The permanent medical record of the woman; and

2. The permanent medical record of the child or children she was pregnant

with at the time of the testing after the child or children are born.

(c) If the woman receives a test result that shows she is positive for hepatitis C

virus antibodies or RNA, the phy sician or other person legally permitted to

engage in attendance upon a pregnant woman in the Commonwealth shall

orally inform and clearly document the woman or the legal guardian of the

child or children she was pregnant with at the time of the testing, t hat it is

recommended that serologic testing for the presence of hepatitis C virus

antibodies and confirmation RNA in the blood be conducted on the child or

children she was pregnant with at the time of the testing at the twenty -four

(24) month recommended well baby pediatric check-up.