{"data":{"id":"us-ky/krs-214.160","jurisdiction":"us-ky","citation":"KRS 214.160","heading":"Blood specimen of pregnant women to be taken -- Laboratory test --","body":"Substance abuse tests of pregnant women and newborn infants -- Use of tests --\nReport if infant is affected by substance abuse withdrawal symptoms -- Tests\nfor presence of hepatitis B and hepatitis C.\n(1) Every physician and every other person legally permitted to engage in attendance\nupon a pregnant woman in this state shall take or cause to be taken from the woman\na specimen of blood for serological test for syphilis as soon as he is engaged to\nattend the woman and has reasonable grounds for suspecting that pregnancy exists.\nIf the woman is in labor at the time the diagnosis of pregnancy is made, which may\nmake it inadvisable to obtain a blood specimen at that time, the specim en shall be\nobtained within ten (10) days after delivery. The specimen of blood shall be\nsubmitted to the laboratory of the Cabinet for Health and Family Services or a\nlaboratory approved by the cabinet for the purpose of having made a serological test\nfor syphilis. The test shall be of a type approved by the Cabinet for Health and\nFamily Services.\n(2) The Cabinet for Health and Family Services shall, as often as necessary, publish a\nlist of the five (5) most frequently abused substances, including alcohol, by pregnant\nwomen in the Commonwealth. Any physician and any other person legally\npermitted to engage in attendance upon a pregnant woman in this state may perform\na screening for alcohol or substance dependency or abuse, including a\ncomprehensive history  of such behavior. Any physician may administer a\ntoxicology test to a pregnant woman under the physician's care within eight (8)\nhours after delivery to determine whether there is evidence that she has ingested\nalcohol, a controlled substance, or a substa nce identified on the list provided by the\ncabinet, or if the woman has obstetrical complications that are a medical indication\nof possible use of any such substance for a nonmedical purpose.\n(3) Any physician or person legally permitted to engage in atten dance upon a pregnant\nwoman may administer to each newborn infant born under that person's care a\ntoxicology test to determine whether there is evidence of prenatal exposure to\nalcohol, a controlled substance, or a substance identified on the list provided  by the\nCabinet for Health and Family Services, if the attending person has reason to\nbelieve, based on a medical assessment of the mother or the infant, that the mother\nused any such substance for a nonmedical purpose during the pregnancy.\n(4) The circumstances surrounding any positive toxicology finding shall be evaluated\nby the attending person to determine if abuse or neglect of the infant, as defined\nunder KRS 600.020(1), shall be reported to the state's child protective services\nagency.\n(5) An infant affected by substance abuse withdrawal symptoms resulting from prenatal\ndrug exposure or fetal alcohol spectrum disorder shall be reported to the state's child\nprotective services agency in accordance with 42 U.S.C. sec. 5106a.\n(6) No prenatal screening fo r alcohol or other substance abuse or positive toxicology\nfinding shall be used as prosecutorial evidence.\n(7) No person shall conduct or cause to be conducted any toxicological test pursuant to\nthis section on any pregnant woman without first informing th e pregnant woman of\nthe purpose of the test.\n(8) Every physician or other person legally permitted to engage in attendance upon a\npregnant woman in the Commonwealth shall take or cause to be taken from the\nwoman a specimen of blood which shall be submitted  for the purpose of serologic\ntesting for the presence of hepatitis B surface antigen to a laboratory certified by the\nUnited States Department for Health and Human Services pursuant to Section 333\nof the Public Health Service Act (42 U.S.C. sec. 263a), as  revised by the Clinical\nLaboratory Improvement Amendments (CLIA), Pub.L. 100-578.\n(9) (a) Every physician or other person legally permitted to engage in attendance\nupon a pregnant woman in the Commonwealth shall take or cause to be taken\nfrom the woman a specimen of blood which shall be submitted for the purpose\nof serologic testing for the presence of hepatitis C virus antibodies and RNA\nin the blood.\n(b) The results of this testing shall be recorded by the physician or other person\nlegally permitted to e ngage in attendance upon a pregnant woman in the\nCommonwealth, in:\n1. The permanent medical record of the woman; and\n2. The permanent medical record of the child or children she was pregnant\nwith at the time of the testing after the child or children are born.\n(c) If the woman receives a test result that shows she is positive for hepatitis C\nvirus antibodies or RNA, the phy sician or other person legally permitted to\nengage in attendance upon a pregnant woman in the Commonwealth shall\norally inform and clearly document the woman or the legal guardian of the\nchild or children she was pregnant with at the time of the testing, t hat it is\nrecommended that serologic testing for the presence of hepatitis C virus\nantibodies and confirmation RNA in the blood be conducted on the child or\nchildren she was pregnant with at the time of the testing at the twenty -four\n(24) month recommended well baby pediatric check-up.","path":["KRS Chapter 214"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50037","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:18Z","sha256":"f9669c725da48db3c2bf04fc8e1f2666db71fd0048d26b351dba789658a1a125","source_id":"us-ky","stale":false,"prev":"us-ky/krs-214.155","next":"us-ky/krs-214.170"},"notice":"GroundRules: Original legal text. Not legal advice."}