Having a baby?
Are you expecting a baby? Is someone you know expecting a baby?
A host of state laws affect newborn care both in and outside of hospitals.
Here are some of the most common ones:
- Vitamin K injections
- Eye ointment
- Dried blood spot screening
- Hearing screening
- Hepatitis B vaccine
- Pulse oximetry screening
You can find the laws on these issues for your state in our Law and Policy Vault.
For each of these issues, Heritage Defense has written a brief article to provide context and summarized the law in all 50 states. All of this research is available both to members and non-members.
Timing, exemptions, and potential penalties for all these treatments vary by state. Failure to adhere to these laws can sometimes even result in a CPS report and investigation.
Expecting parents are encouraged to review the articles and check their state laws well before the birth. If you do not know the purpose behind each procedure, the law, and your parental laws, it will be difficult to make an informed decision following the birth. We recommend doing your research early so you can communicate your preferences to the birth team ahead of time. This reduces conflict and confusion while allowing everyone to focus on the birth and recovery.
Read the articles and find your state law in the Law and Policy Vault. Members with questions can schedule a consultation with a Heritage Defense staff attorney.
Vitamin K Injections
Intramuscular, or sometimes oral, administration of Vitamin K to newborns during postpartum care is intended to lessen the risk of vitamin K deficiency bleeding. Most medical providers will strongly encourage parents to consent to it. Some have reported parents who refuse to CPS.
Find out the Vitamin K law in your state.
Eye Ointment
Most states require a preventative eye treatment for newborns soon after birth in order to prevent eye infections resulting from sexually transmitted diseases. The treatment can be administered by a health professional or any person attending the birth. Many states also require eye infections to be reported.
Find out the eye ointment law in your state
Blood Spot Screening
After a birth, blood spot screening is legally required for newborns in every state. The purpose is to screen the baby for congenital disorders that may be treatable if recognized early enough. Collection of a blood specimen typically occurs 24-48 hours after birth.
Find out the blood spot screening law in your state
Hearing Screening
Federal law incentivizes states to enact Early Hearing Detection and Intervention (EHDI) programs. Most states require hearing screening by law for newborns.
Find out the hearing screening law in your state
Hepatitis B Vaccine
Administering a HepB vaccine to newborns is common protocol at U.S. hospitals. Only some states legally require it. Exemptions may apply or a parent’s right to refuse may not be specifically overridden. Parents should expect that medical personnel will typically encourage administration of the HepB vaccine.
Find out the Hepatitis B law in your state
Pulse Oximetry Screening
Screening newborns for Critical Congenital Heart Defects (CCHD) via pulse oximetry (pulse ox.) is required in most states. Screening typically occurs 24-48 hours after birth.
Find out the pulse oximetry screening law in your state
Finally, if you or someone you know is expecting their first child, be aware that parents can become members of Heritage Defense even before your child is born. Instead of waiting to apply until after the birth, joining early allows first time parents to get help if a situation does arise right after the birth. Please share this article with anyone you know who might benefit from learning these laws and being members with Heritage Defense.