1. A. Before a newborn infant is screened for CCHD, a health care provider shall provide to the newborn infant's parent or guardian an explanation of CCHD screening that includes:

   1. (1) Reasons for screening, including:

      1. (a) The purpose and benefits of the screening; and
      2. (b) The nature, risks, and consequences of not screening for CCHD.

   2. (2) A parent or guardian's right to refuse having the screening performed, including:

      1. (a) Explaining any risk involved with the screening; and
      2. (b) Providing a reasonable opportunity to refuse the screening.

2. B. Refusal of Screening.

   1. (1) All newborn infants shall be screened for CCHD unless the parent or guardian refuses the screening.
   2. (2) If a parent or guardian refuses screening, a provider may not perform CCHD screening on the infant.

   3. (3) When a parent or guardian refuses screening, the birthing facility or nurse midwife shall:

      1. (a) Document parent refusal in the medical record; and
      2. (b) Enter this information into the web-based system in accordance with Regulation .05 in this chapter.

   4. (4) If the parent or guardian of the newborn infant does not refuse the screening, the birthing facility or nurse midwife shall:

      1. (a) Perform screening on the newborn infant; and
      2. (b) Follow-up with results in accordance with Regulation .05 of this chapter.

Authority: Health-General Article, §§13-109, 13-111, and 18-107(a), Annotated Code of Maryland

Effective date:

Regulations .01—.08 adopted as an emergency provision effective October 5, 2012 (39:22 Md. R. 1427); emergency status extended to June 1, 2013 (40:6 Md. R. 469); adopted permanently effective April 15, 2013 (40:7 Md. R. 612)