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Committee hears House Bill 50 to expand Good Samaritan and parental protections for pregnant and postpartum people
Summary
The House Health and Human Services committee heard House Bill 50, a committee bill that would add parental protections and expand Good Samaritan language to encourage pregnant and postpartum people with substance use disorder to seek care. Proponents urged adding postpartum coverage up to one year; Child and Family Services clarified federal CAPTA reporting does not automatically trigger removal.
Helena — The House Health and Human Services committee heard House Bill 50 on Tuesday, a committee bill presented by Rep. Ron Marshall that would add parental protections to the state's Good Samaritan and overdose‑response provisions and include prenatal health care in evaluation processes.
"What this bill is, is it's a protections bill for parents and pregnant women with substance abuse, substance use disorder," Rep. Ron Marshall said while introducing the measure. He told the committee the language would protect people who seek emergency care or assist others during an overdose from criminal exposure for certain paraphernalia and possession offenses.
Supporters told the committee the bill aims to reduce the fear that keeps pregnant people from seeking prenatal care. Jean Branscum, CEO of the Montana Medical Association, cited national survey data and said mandated‑reporting fears are a barrier to treatment. "One of the pieces that are barriers is the fear ... that if you seek medical care, there's a mandated reporting that may result in you losing your child," Branscum said, urging lawmakers to consider adding postpartum protections for up to 12 months after birth.
Stacy Anderson, representing the Montana Primary Care Association and several state medical societies, pointed to Section 6 of the bill, which states a parent's positive drug test "may not be the sole factor used in a child abuse and neglect investigation." Anderson recounted cases where disclosure or prior substance use led to reports and said removing stigma would help people complete treatment and keep families intact.
Informational witnesses clarified how reporting currently works. Nikki Grossberg, Division Administrator for Child and Family Services, said reporting a substance‑exposed newborn is required under federal law (CAPTA) but "that does not automatically trigger an investigation or removal;" caseworkers review the totality of information to determine if a child's safety is at risk. Kelly Driscoll of the Office of the Public Defender offered the office's perspective representing parents and children in those proceedings and said staff could answer case‑specific questions as they arise.
Committee members asked whether a postpartum extension had been considered in the interim and how long such an extension should last. Rep. Zephyr asked if a postpartum amendment would be "friendly"; Chair Marshall said he personally viewed it as likely to be accepted. Branscum recommended aligning the period with the 2023 Medicaid postpartum extension, suggesting protections for up to one year after delivery.
No opponents appeared in the hearing. Several advocates and lobbyists introduced themselves after testimony so committee members would recognize frequent stakeholders during the session.
The committee closed the hearing on HB50 and the chair said the bill may be considered for executive action at the next scheduled meeting.
