1. A. Except as provided in §C of this regulation, a health care practitioner involved in the delivery or care of a substance-exposed newborn shall:

   1. (1) Make an oral report to the local department as soon as possible; and
   2. (2) Make a written report to the local department not later than 48 hours after the contact, examination, attention, treatment, or testing that prompted the report.

2. B. To the extent known, a report made pursuant to this section shall include the following information:

   1. (1) The name, date of birth, and intended home address of the newborn;
   2. (2) The names and home addresses of the newborn’s parents;
   3. (3) The nature and extent of the effects of the prenatal alcohol or controlled drug exposure on the newborn;
   4. (4) The newborn’s medical condition and any current or ongoing health care needs, including an extended hospital stay prior to discharge, specific medical procedures, medication, specialized equipment, or ongoing monitoring;
   5. (5) Whether and when the newborn’s mother had prenatal care;
   6. (6) The nature and extent of the mother’s current drug use;
   7. (7) The extent to which the mother is responsive to the newborn’s needs and is involved with providing care;
   8. (8) The extent of any limitation of the mother’s cognitive skills;
   9. (9) The nature and extent of any history of mental illness; and

   10. (10) Any additional information regarding:

       1. (a) The nature and extent of the impact of the prenatal alcohol or controlled drug exposure on the mother’s ability to provide proper care and attention; and
       2. (b) The nature and extent of the risk of harm to the newborn.

3. C. A health care practitioner is not required to make a report under this section if the health care practitioner:

   1. (1) Has knowledge that the head of an institution, a designee of the head, or another individual at that institution has made a report regarding the substance-exposed newborn;
   2. (2) Has verified that, at the time of delivery, the mother was using a controlled drug as currently prescribed for the mother by a licensed health care practitioner; or
   3. (3) Has verified that, at the time of delivery, the presence of the controlled drug was consistent with a prescribed medical or drug treatment administered to the mother or the newborn.
4. D. The provisions of §C of this regulation do not relieve the health care practitioner of the obligation as a mandated reporter to make a report to the local department if the health care practitioner has reason to believe that the substance-exposed newborn has been abused or neglected.

Authority: Family Law Article, §5-704.2, Annotated Code of Maryland
(Federal Authority: U.S.C. 42 §5106b)

Effective date: December 23, 2013 (40:25 Md. R. 2067)