<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 07.02.08.03" title_num="07" subtitle_num="02" chapter_num="08" heading="Reports by Health Care Practitioners.">
  <paragraph num="A.">
    <text>Except as provided in §C of this regulation, a health care practitioner involved in the delivery or care of a substance-exposed newborn shall:</text>
    <paragraph num="(1)">
      <text>Make an oral report to the local department as soon as possible; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>To the extent known, a report made pursuant to this section shall include the following information:</text>
    <paragraph num="(1)">
      <text>The name, date of birth, and intended home address of the newborn;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The names and home addresses of the newborn’s parents;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The nature and extent of the effects of the prenatal alcohol or controlled drug exposure on the newborn;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Whether and when the newborn’s mother had prenatal care;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The nature and extent of the mother’s current drug use;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The extent to which the mother is responsive to the newborn’s needs and is involved with providing care;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The extent of any limitation of the mother’s cognitive skills;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>The nature and extent of any history of mental illness; and</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Any additional information regarding:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The nature and extent of the risk of harm to the newborn.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A health care practitioner is not required to make a report under this section if the health care practitioner:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
</regulation>