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Virginia · 2026 Regular Session
SB36Child abuse or neglect; prenatal use of a controlled substance or drug as prescribed.
Direction
AbortionotherAI label
↑Expands abortion accessmodel confidence 80%
Excludes prenatal use of a prescribed controlled substance or drug from being the sole basis for suspecting child abuse or neglect, so less risk of mandated reporting or investigation tied to prescribed maternal medication use during pregnancy.
However, a pregnant woman's prenatal use of a controlled substance or drug as prescribed by such woman's health care provider shall not solely be a reason to suspect that a child is abused or neglected.
✓ Quote verified word for word in the bill text
Abortionfunding insuranceAI label
=No change to abortion accessmodel confidence 60%
Requires hospitals to develop a written discharge plan for infants with findings of substance exposure or fetal alcohol spectrum disorder, which may involve additional protocols and resources but does not alter abortion funding or insurance coverage.
If a health care provider in a licensed hospital makes any finding or diagnosis set forth in clause (i), (ii), or (iii), the hospital shall require the development of a written discharge plan under protocols established by the hospital pursuant to subdivision B 6 of § 32.1-127.
✓ Quote verified word for word in the bill text
Filed (completed)
Committee
Passed one chamber
Passed both
Governor
Law
Status: Died (session ended)
Last action
2026-01-23: Stricken at request of Patron in Rehabilitation and Social Services (15-Y 0-N)
Why the model tagged it this way: The bill amends child abuse/neglect reporting requirements to address prenatal substance exposure but carves out an explicit exception for prescribed drug use by pregnant women (relevant to abortion/other as it protects access to medically indicated treatment during pregnancy without triggering reporting). It also mandates hospital discharge planning for affected infants (neutral on funding/insurance as it is a procedural requirement without changing coverage rules). No provisions on gestational limits, exceptions, medication abortion, travel, personhood, or other listed topics.
Related bills
HB1182Health insurance; coverage for contraceptive drugs & devices, including over-the-counter.↓Restricts abortion access Law
HB1400Health insurance; coverage for maternal mental health screenings.=No change to abortion access=No change to abortion access Law
HB425Pregnant and postpartum patients; reimbursement for remote monitoring services.↑Expands abortion access=No change to abortion access Law
HB1389Health insurance; coverage for standard fertility preservation procedures.↑Expands abortion access↑Expands abortion access Died (session ended)
Hearings and calendar
2026-01-23 08:00 · Hearing · Senate Rehabilitation and Social Services Hearing Senate Room A, Room 305, General Assembly Building
Votes
Date
Chamber
Motion
Yea-Nay
2026-01-23
S
Stricken at request of Patron in Rehabilitation and Social Services (15-Y 0-N)