CHAPTER 78

FORMERLY

HOUSE BILL NO. 20

AN ACT TO AMEND TITLE 16 AND TITLE 24, DELAWARE CODE RELATING TO THE STATE BOARD OF HEALTH AND THE BOARD OF MEDICAL PRACTICE AND WARNINGS TO PREGNANT WOMEN REGARDING POSSIBLE PROBLEMS FROM USE OR CONSUMPTION OF ALCOHOL, COCAINE, MARIJUANA, HEROIN OR OTHER NARCOTICS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two—thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 1, Title 16, Delaware Code by adding a new

subchapter to read as follows:

"SUBCHAPTER VIII. WARNINGS TO PREGNANT WOMEN.

§190. Required warning of possible use effects of Alcohol, Cocaine,

Marijuana, Heroin or other narcotics.

(a) The Board shall require any and all persons under its jurisdiction who treat, advise or counsel pregnant women to post and give written and verbal warnings to said pregnant women as to the possible problems, complications and injuries which may result to themselves and/or to the fetus from their consumption or use of Alcohol, Cocaine, Marijuana, Heroin or other narcotics during their pregnancy.

(b) The form and content of such warnings will be as proscribed by the Board."

Section 2. Amend Chapter 17, Title 24, Delaware Code by adding a new section to read as follows:

"51770. Required warning of possible use effects of Alcohol, Cocaine,

Marijuana, Heroin or other narcotics.

(a) The Board shall require any and all persons under its jurisdiction who treat, advise or counsel pregnant women to post and give written and verbal warnings to said pregnant women as to the possible problems, complications and injuries which may result to themselves and/or to the fetus from their consumption or use of Alcohol, Cocaine, Marijuana, Heroin or other narcotics during their pregnancy.

(b) The physician may designate a licensed nurse to give the warnings required by this section.

(c) The form and content of such warnings shall be as proscribed by the State Board of Health."

Section 3. This Act shall become effective 90 days after its enactment.

Approved July 1, 1991.