Promulgation of regulations on the requirements of health care providers involved in the delivery or care of infants identified as being affected by prenatal substance exposure or fetal alcohol spectrum disorder
M.G.L. c. 111, § 110E
in effectc. 111, § 110E. Promulgation of regulations on the requirements of health care providers involved in the delivery or care of infants identified as being affected by prenatal substance exposure or fetal alcohol spectrum disorder
Section 110E. (a) The department, in consultation with the department of children and families and the office of the child advocate, shall promulgate regulations on the requirements of health care providers involved in the delivery or care of infants identified as being affected by prenatal substance exposure or fetal alcohol spectrum disorder. The regulations shall cover topics including, but not limited to: (i) assessment for prenatal substance exposure and fetal alcohol spectrum disorder; (ii) assessment for prenatal substance exposure from a medication prescribed by a licensed health care provider; and (iii) the roles and responsibilities of health care providers and staff who care for perinatal patients or infants in relation to the requirements of 42 U.S.C. § 5106a(b)(2)(B)(ii) and in accordance with the federal Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5101 et seq. and 42 U.S.C. § 5116 et seq., including, but not limited to, the development and implementation of plans of safe care, if indicated, and referrals for appropriate services.
(b) Such regulations may: (i) reflect current accepted standards of health care and substance use treatment practices; (ii) enable data collection in a form and manner consistent with the reporting requirements under the federal Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5101 et seq. and 42 U.S.C. § 5116 et seq.; and (iii) to the extent possible, enable data collection regarding racial disparities in maternal and child health care, the number of patients identified for plans of safe care and appropriate service referrals pursuant to the federal Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5101 et seq. and 42 U.S.C. § 5116 et seq.
(c) Such regulations shall be developed with input from relevant stakeholders, including, but not limited to: (i) medical professional associations and health care providers with expertise in the provision of care to pregnant people; (ii) individuals who have lived experience of seeking or receiving behavioral health services or treatment prior to, during and after pregnancy; (iii) professional associations and organizations with expertise in prenatal substance exposure, perinatal and child health, treatment of substance use disorder and racial equity in access to health care; and (iv) behavioral health professionals with expertise in providing culturally-competent care.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section110EFetched: 10/20/2026