HLS 12RS-1117 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 370
BY REPRESENTATIVE HOFFMANN
DISTRICT ATTORNEYS: Authorizes a district attorney to convene a multidisciplinary
team in cases involving pregnant women who test positive for controlled dangerous
substances
AN ACT1
To enact R.S. 40:1094, relative to prenatal addiction; to provide for the convening of a2
multidisciplinary team by a district attorney regarding the disposition of cases3
involving pregnant women who test positive while under arrest for controlled4
dangerous substances; to provide for the makeup of the multidisciplinary team; to5
provide for definitions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1094 is hereby enacted to read as follows: 8
ยง1094. Use of controlled dangerous substances while pregnant; multidisciplinary9
team10
A. A district attorney may convene a multidisciplinary team to assist in11
making a determination of the appropriate disposition of a case where a pregnant12
woman under arrest tests positive for controlled dangerous substances, as provided13
for in the Uniform Controlled Dangerous Substances Law.14
B. The multidisciplinary team may include but is not limited to the following15
persons:16
(1) A Louisiana board certified physician trained in obstetrics and17
gynecology.18 HLS 12RS-1117 ENGROSSED
HB NO. 370
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(2) A licensed nurse with experience in caring for drug- or alcohol-exposed1
newborn infants.2
(3) A law enforcement officer employed by a local or state law enforcement3
agency.4
(4) An employee of the Department of Children and Family Services with5
a background and experience with federal and state benefits, such as Medicaid.6
(5) An individual associated with a nonprofit organization with a background7
and experience in charitable and faith-based resources for treatment of alcohol and8
drug abuse or addiction.9
(6) A licensed social worker or counselor with training and experience in the10
treatment of drug or alcohol addiction.11
C. As used in this Section, "appropriate disposition" may include but shall12
not be limited to filing a petition for involuntary commitment as provided for in R.S.13
28:53 and 53.2 to a public facility or a private facility willing to accept the pregnant14
woman for treatment.15
D. The authority provided by the provisions of this Section shall exist from16
the time of arrest to the time of dismissal, acquittal, or conviction.17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hoffmann HB No. 370
Abstract: Authorizes a district attorney to convene a multidisciplinary team regarding
cases of pregnant women who test positive for controlled dangerous substances
following an arrest.
Proposed law provides that a district attorney may convene a multidisciplinary team to assist
in making a determination of the appropriate disposition of a case where a pregnant woman
under arrest tests positive for controlled dangerous substances as provided for in the Uniform
Control Dangerous Substance Law.
Proposed law provides that the multidisciplinary team may include:
(1)A La. board certified physician trained in obstetrics and gynecology.
(2)A licensed nurse with experience in caring for drug- or alcohol-exposed newborn
infants. HLS 12RS-1117 ENGROSSED
HB NO. 370
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3)A law enforcement officer employed by a local or state law enforcement agency.
(4)An employee of the Dept. of Children and Family Services with a background and
experience with federal and state benefits, such as Medicaid.
(5)An individual associated with a nonprofit organization with a background and
experience in charitable and faith-based resources for treatment of alcohol and drug
abuse or addiction.
(6)A licensed social worker or counselor with training and experience in the treatment
of drug or alcohol addiction.
Proposed law provides that "appropriate disposition" may include the filing of a petition for
involuntary commitment as provided for in present law.
Proposed law provides that the authority in proposed law shall exist from the time of arrest
to the time of dismissal, acquittal, or conviction.
(Adds R.S. 40:1094)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Deleted the provisions in proposed law which gave authority to the district
attorney to convene a multidisciplinary team for a woman abusing or addicted
to controlled dangerous substances or alcohol and added such authority relative
to a pregnant woman who is under arrest and tests positive for a controlled
dangerous substance.
2. Added authority for the multidisciplinary team to include certain persons with
training in certain areas.
3. Provided that the authority granted to the district attorney pursuant to proposed
law shall exist from the time of arrest to the time of dismissal, acquittal, or
conviction.