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Powerof3
Something is just not right. I googled Virginia CPS meconium. And found the information I posted and some I posted just now. I am diasaapointed that all these laws get written to benefit the helpless. And then through some creative written or verbal presentations the facts become obfuscated or ignored.
Attending physicians are required to immediately make
a report to Child Protective Services (CPS) if any one of
the following occurs:
• Urine or blood toxicology conducted on the mother or
infant, within 48 hours of birth, is positive.
• A medical finding is made, within 48 hours of birth, of
newborn dependency or withdrawal symptoms.
• An illness, disease, or condition attributable to in
utero substance exposure is diagnosed within seven
(7) days of birth.
• Fetal Alcohol Syndrome (FAS) is diagnosed within
seven (7) days of birth.
The next few paragraphs really confuse me. Am I reading this correctly, or is this double speak about mandated reporters, obligation to report the abuse or not report it?
Drug Testing
While drug testing is useful for diagnostic and treatment
purposes, it is not legally required to make a report to
CPS. Drug testing may include maternal blood or urine
testing or hair analysis, or newborn urine or meconium
testing. Laboratories routinely do a gas chromatography
with mass spectrometry or other confirmatory test
whenever they obtain a positive finding on a urine,
meconium, or hair sample. Drug testing is only accurate
for recent use i.e., within 24-72 hours.
Hospital policies should establish patient assessment
procedures to determine the care needed by each
patient. These assessments should identify each patient’s
medical needs and complicating conditions, including
substance abuse, dependence and other addictive
behaviors. Assessment and screening procedures should
include:
• Specific, evidence-based criteria for testing the mother
and/or her newborn.
• Expectations regarding the timing of tests, test types
and consent.
Some hospitals request consent for testing while others
assume it within the patient’s general consent for care. To
learn your hospital’s policy, check with its risk
management office.
Records Release
When reporting substance exposed newborns, health
care providers are required by the Code of Virginia to
release, upon request, medical records that document
the basis of the report of suspected child abuse or
neglect.
Disclosure of child abuse/neglect information and records
to CPS agencies is also permitted by the Health
Insurance Portability and Accountability Act of 1996
(HIPAA), and federal Confidentiality of Alcohol and Drug
Abuse Patient Information Regulations. (CFR 42 Part 2)
Reporting Liability
Health care providers reporting in good faith are immune
from civil and criminal liability pursuant to Section 63.2-
1512 of the Virginia Code. Mandated reporter failure to
report could result in criminal liability punishable as a
misdemeanor with an imposed fine.
[url]http://www.dbhds.virginia.gov/documents/CFS/CFS-Legal-Guide-Perinatal-SA.pdf[/url]