Cite as: 532 U. S. 67 (2001)
Opinion of the Court
Charleston Solicitor Charles Condon in order to offer MUSC's cooperation in prosecuting mothers whose children tested positive for drugs at birth.3
After receiving Good's letter, Solicitor Condon took the first steps in developing the policy at issue in this case. He organized the initial meetings, decided who would participate, and issued the invitations, in which he described his plan to prosecute women who tested positive for cocaine while pregnant. The task force that Condon formed included representatives of MUSC, the police, the County Substance Abuse Commission and the Department of Social Services. Their deliberations led to MUSC's adoption of a 12-page document entitled "POLICY M-7," dealing with the subject of "Management of Drug Abuse During Pregnancy." App. to Pet. for Cert. A-53.
The first three pages of Policy M-7 set forth the procedure to be followed by the hospital staff to "identify/assist pregnant patients suspected of drug abuse." Id., at A-53 to A-56. The first section, entitled the "Identification of Drug Abusers," provided that a patient should be tested for cocaine through a urine drug screen if she met one or more of nine criteria.4 It also stated that a chain of custody should
3 In his letter dated August 23, 1989, Good wrote: "Please advise us if your office is anticipating future criminal action and what if anything our Medical Center needs to do to assist you in this matter." App. to Pet. for Cert. A-67.
4 Those criteria were as follows: "1. No prenatal care "2. Late prenatal care after 24 weeks gestation "3. Incomplete prenatal care "4. Abruptio placentae "5. Intrauterine fetal death "6. Preterm labor 'of no obvious cause'
"7. IUGR [intrauterine growth retardation] 'of no obvious cause' "8. Previously known drug or alcohol abuse "9. Unexplained congenital anomalies." Id., at A-53 to A-54.
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