Plain Text Law

Chapter 01. Identification of Infants

Regulation .01 Scope.Copy Citation

These regulations affect all institutions or related facilities, as defined in Regulation .02 of this chapter, that deliver a newborn infant from its mother.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Born” means the complete expulsion or extraction of a product of human conception from its mother, regardless of the period of gestation, if, after the expulsion or extraction, it breathes or shows any other evidence of life, such as heartbeat, pulsation of the umbilical cord, or definite movement of voluntary muscle, whether or not the umbilical cord is cut or the placenta is attached.
(2)
“Cord blood sampling” means the taking of a sample of a newborn infant's blood from the infant's umbilical cord.
(3)
“Footprinting” means the taking of an ink or other type of impression of the skin patterns located on the sole of the newborn infant's foot.
(4)
“Institution” means:
(a)
A hospital or related institution as defined in Health-General Article, §19-301, Annotated Code of Maryland;
(b)
A freestanding birthing center as defined in Health-General Article, §19-1101, Annotated Code of Maryland; or
(c)
Any other facility that delivers an infant from its mother.
(5)
“Secretary” means the Secretary of Health or the Secretary's designee.

Regulation .03 Identification of Newborn Infants — Mandatory Procedure.Copy Citation

A.
An institution shall perform the infant identification procedures described in this regulation:
(1)
Immediately after the birth of the infant; and
(2)
Before the mother and infant are separated.
B.
An individual employed by the institution who attends the birth shall securely attach matching identification bands to the wrists of the mother and infant. An additional matching band may be attached the infant's father or another individual designated by the infant's mother.
C.
The matching identification bands shall include:
(1)
The mother's name;
(2)
The same identification number for:
(a)
The infant;
(b)
The mother; and
(c)
If applicable, the father or any other designated person;
(3)
The infant's gender;
(4)
The date and time of birth; and
(5)
Any other information specified by the institution's policy.
D.
In the case of multiple births:
(1)
The identification band for each infant shall also include the infant's birth order indicated either alphabetically such as by A, B, C or numerically such as by 1, 2, 3; and
(2)
A band corresponding to each infant shall be attached to the mother.
E.
Any unused band shall be:
(1)
Attached to the mother;
(2)
Stapled to the mother's chart; or
(3)
Disposed of in a secure disposal box.
F.
An individual employed by the institution shall check the birth record and identification bands for accuracy before the mother or infant leaves the delivery room.
G.
Each institution shall implement policies requiring personnel to check to ensure that the identification bands of a mother and her infant match:
(1)
Each time the infant is taken to the mother while at the institution; and
(2)
At the time of the discharge of the mother and infant from the institution.

Regulation .04 Identification of Newborn Infants — Additional Procedures Permitted.Copy Citation

A.
An institution may perform additional identification procedures on an infant before the infant leaves the delivery room. These methods do not link mother and infant, but may be useful in establishing the identity of an infant, and include:
(1)
Cord blood sampling;
(2)
Footprinting;
(3)
Taking a color photograph of the infant;
(4)
Physically assessing the infant and documenting of any distinguishing features; or
(5)
Another procedure proposed by the institution to the Secretary for approval that provides at least equivalent identification.
B.
An institution proposing to the Secretary another procedure to identify newborn infants shall include in the proposal at least the following information:
(1)
Method of collection;
(2)
Methods of storage;
(3)
Specimen labeling;
(4)
Specimen security and chain of custody;
(5)
Testing method, or methods to be used;
(6)
Circumstances for testing;
(7)
Quality assurance of tests;
(8)
Confidentiality issues;
(9)
Protection against unauthorized access; and
(10)
Record and documentation system.
C.
Identification of Policies and Procedures. An institution shall:
(1)
Develop policies and methods for conducting each additional infant identification procedure under this regulation, and each procedure shall be documented with at least the following information:
(a)
Mother's name;
(b)
Mother's patient identification number;
(c)
Date of birth;
(d)
Gender of the newborn infant;
(e)
Birth order if a multiple birth; and
(2)
Designate and train personnel responsible for performing newborn infant identification procedures.
D.
Verification.
(1)
An institution shall verify that the identification procedure was performed by completing a form supplied by the institution or related facility. Information on the form shall include, but need not be limited to the:
(a)
Type of identification procedures performed;
(b)
Date and time the identification procedure was performed; and
(c)
Name of personnel performing the identification procedure.
(2)
An institution shall enter this form, which lists at least the information required in §D(1)(a), (b), and (c), of this regulation, into the infant's institutional medical record and maintain it as part of the infant's overall institutional record.
E.
Retention. An institution shall retain any identifying material (blood sample or footprint) for at least 10 days or until the newborn is discharged, whichever comes later.
Chapter annotations
Authority: Health-General Article, §§2-104(b), 20-401, and 20-402, Annotated Code of Maryland
History: Effective date:
History: Subtitle 11 Midwifery effective February 1, 1957; repealed effective July 12, 1987 (14:14 Md. R. 1572)
History: Regulations .01—.03 adopted effective December 25, 1989 (16:25 Md. R. 2710)
History: Chapter revised effective April 6, 2009 (36:7 Md. R. 524)
History: Regulation .02 amended effective March 30, 2026 (53:6 Md. R. 291)