Roadrunner Capitol Reports
Legislation Detail


Rep Stefanie Lord


Scheduled: Not Scheduled

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 House Bill 97 (HB 97) creates a prenatal substance exposure task force; provides duties; requires a final report; and makes an appropriation. 
Legislation Overview:
 House Bill 97 (HB 97) creates a “prenatal substance exposure task force” consisting of the following members appointed by the secretary of health:

•	A representative from the 2021 Department of Health (DOH) team responsible for evaluating the implementation of Laws 2019, Chapter 190 which: clarified the role of hospital and birthing center staff, contractors and volunteers in reporting child abuse and neglect based solely on a finding of drug use by a pregnant woman; required referral of a drug-exposed infant and the infant's relatives, guardians or caretakers to a plan of care; required sharing of certain data; required the children, youth and families department to work with various stakeholders to create guidelines and training materials for the creation of plans of care; required notification of noncompliance with a plan of care; and required medical assistance plans to establish a process for creation and implementation of plans of care;

•	an expert in pediatric and neonatal medicine; 

•	 a health care provider specializing in addiction medicine with experience treating pregnant people; 

•	a member of the J. Paul Taylor early childhood task force;

•	a member of the social work workforce task force; 

•	a representative of the Children, Youth and Families Department;

•	a representative of the Department of Health; 

•	a representative of the Health Care Authority Department;

•	a representative of the Early Childhood Education and Care Department; 

•	an expert with experience in Medicaid managed care organizations;

•	an expert with experience in hospital management; 

•	an expert on the Children's Code; 

•	an expert from a nonprofit children's advocacy organization; 

•	an expert in the delivery of behavioral health care services; 

•	two or more persons with lived experience related to substance use disorder during pregnancy; 

•	an expert on the Indian Family Protection Act; and 

•	other stakeholders whose expertise the secretary of health deems necessary to the work of the task force.

 The task force is to be appointed by August 1, 2024 and complete its work by August 1, 2026.

 The task force is to collaborate with an institution of higher education to perform research that supports the task force's work, and is charged with studying the efficacy and outcome of the state's implementation of Laws 2019, Chapter 190, especially in relation to:

•	the rates of the use of prenatal services and support by people who used substances during pregnancy before and after implementation; 

•	the rates of children born in New Mexico affected by substance use or withdrawal symptoms resulting from prenatal substance exposure or a fetal alcohol spectrum disorder over the last twenty years; 

•	the long-term adverse health outcomes of prenatal substance exposure; 

•	relevant infant mortality cases; 

•	the fiscal impact of children affected by substance use or withdrawal symptoms resulting from prenatal substance exposure or a fetal alcohol spectrum disorder; 

•	prenatal substance exposure or a fetal alcohol spectrum disorder; and 

•	barriers to the provision and use of services and supports offered to families with plans of care.

The task force is also charged with the planning and coordination of the state's initiatives related to preventing prenatal substance exposure, including: 

•	the provision of preventive services through community health workers; 

•	methods for improving hospital staff engagement with families to create plans of care that are feasible for parents to follow; 

•	the feasibility of increasing access to emergency assistance for families impacted by prenatal substance exposure, including housing and financial resources; 

•	the implementation of plans of care in other states, including follow-up services; 

•	the impact of state policies in which documented prenatal substance exposure constitutes a substantiated child abuse claim, subsequent intervention and outcomes; 

•	the feasibility of statewide prenatal substance exposure screening; and 

•	nationwide best practices on plans of care that improve outcomes for families impacted by prenatal substance exposure. 

The task force must submit its final report to the legislative health and human services committee, the legislative finance committee and the governor by August 1, 2026. 

An appropriation of seventy-five thousand dollars ($75,000) is made from the General Fund to the Department of Health to carry out the work of the task force.
Current Law:
 No comparable task force exists in the state of New Mexico at this time. If the bill does not pass, these issues will need to be studied and reported via other means, and a centralized/comprehensive effort will not be available. 
Relates To:
 House Bill 103 (HB 103) - Child Exposure to Controlled Substances
Senate Bill 30 (SB 30) - Expanding eligibility for the Fostering Connections Program
House Bill 95 (HB 95) - Family in Need of Court-Ordered Services