§ 20-402

(a) Except as provided in subsection (b) of this section, after an infant is born in an institution and before the infant leaves the delivery room of the institution, the institution shall perform at least one of the following infant identification procedures on all newborn infants:

(1) Cord blood sampling;

(2) Footprinting; or

(3) Any other procedure the Secretary deems equivalent and appropriate.

(b) (1) An institution shall maintain the record of a newborn infant’s identification for a period of time the Secretary establishes by regulation.

(2) In establishing the regulations required under paragraph (1) of this subsection, the Secretary shall:

(i) Consider the varying nature of infant identification procedures that may be used by an institution under this subtitle; and

(ii) Adopt appropriate time periods for each type of infant identification procedure.

(c) All personnel of an institution responsible for performing newborn infant identification procedures under this subtitle shall be adequately trained in all infant identification procedures used by the institution.

(d) An institution acting in good faith in accordance with the provisions of this subtitle may not be liable in any cause of action related to the failure to produce an identifiable newborn infant identification.