Sec. 2. Ensuring care and no undue family separation of families impacted by substance use disorder
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Section 503 of the Social Security Act ( 42 U.S.C. 703 ) is amended by adding at the end the following new subsection: As a condition of receiving payments under this section, each State— shall not require the birthing parent of an infant who is identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a Fetal Alcohol Spectrum Disorder to undergo toxicology testing to detect substance use unless the parent— gives clear and informed consent prior to such testing; and is able to access, if necessary for purposes of giving such consent, interpretation services and reasonable accommodations for disabilities; shall ensure that a pregnant or postpartum individual taking a prescription drug, including a prescription drug for the treatment of a substance use disorder, in accordance with the recommendations of the prescribing practitioner, shall not be subject to investigations of child abuse and neglect on the basis that such individual is taking such prescription drug; shall ensure that— any toxicology testing to detect substance use that is provided to a pregnant or postpartum individual taking a prescription drug, including a prescription drug for the treatment of a substance use disorder, in accordance with the recommendations of the prescribing practitioner is consented to by the pregnant or postpartum individual in accordance with subparagraph (A); and such testing (and the results of such testing) shall not affect the individual's access to care or public assistance and shall not be the sole factor in a family separation determination involving the individual; and shall ensure that any health care provider involved in the delivery or care of an infant identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder, is not required to notify the child protective services system of the State or any unit of local government of the State of the occurrence of such condition in such infant if such condition is the result of the birthing parent of the infant taking a prescription drug, including a prescription drug for the treatment of a substance use disorder, in accordance with the recommendations of the prescribing practitioner, and such provider has no other reason to suspect that the infant is in imminent danger of abuse or neglect.
In this subsection, the term prescription drug means a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) that is subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ). . The amendment made by this section shall take effect on the date that is 2 years after the date of enactment of this Act.
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Sec. 2
Ensuring care and no undue family separation of families impacted by substance use disorder
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