AB 1094: Drug and alcohol testing: informed consent.

Existing law generally prohibits disclosure of a drug test result to a patient by internet posting or other electronic means unless the health care professional has first discussed the result with the patient. Existing law requires a health practitioner or medical social worker to perform a needs assessment for a substance-exposed infant to identify needed services and determine the level of risk to the newborn upon release to the home.

This bill would prohibit medical personnel from performing a drug or alcohol test or screen on a pregnant person, perinatal person, or newborn without the prior written and verbal informed consent of the pregnant person, perinatal person, or person authorized to consent for a newborn, and would require the test or screen to be medically necessary to provide care. The bill would authorize performing a drug or alcohol test or screen on a pregnant person, perinatal person, or newborn without consent if, in the physicians judgment, an emergency exists, the person is in immediate need of medical attention, and an attempt to secure consent would result in a delay of treatment that would increase the risk to the persons life or health. If a test or screen is performed without consent, the bill would require that the pregnant person, perinatal person, or person authorized to consent for a newborn receive verbal and written notification, as specified. The bill would prohibit medical personnel from refusing to treat a pregnant person, perinatal person, or newborn due to the refusal to consent to a drug or alcohol test or screen.