HLS 12RS-1117 REENGROSSED
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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 in parishes with certain population3
ranges regarding the disposition of cases involving pregnant women who test4
positive for controlled dangerous substances while under arrest; to provide for the5
makeup of the multidisciplinary team; to provide for the term of members of the6
multidisciplinary team; to provide for definitions; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1094 is hereby enacted to read as follows: 9
ยง1094. Use of controlled dangerous substances while pregnant; multidisciplinary10
team11
A. A district attorney in a parish with a population of not less than twenty-12
seven thousand and not more than thirty thousand and a parish with a population of13
not less than one hundred fifty thousand and not more than one hundred sixty14
thousand according to the most recent federal decennial census may convene a15
multidisciplinary team to assist in making a determination of the appropriate16
disposition of a case where a pregnant woman under arrest tests positive for17
controlled dangerous substances for which she does not have a valid, legal18 HLS 12RS-1117 REENGROSSED
HB NO. 370
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prescription, as provided for in the Uniform Controlled Dangerous Substances Law.1
Each member of the multidisciplinary team shall serve a term of two years.2
B. The multidisciplinary team may include but is not limited to the following3
persons:4
(1) A Louisiana board certified physician trained in obstetrics and5
gynecology.6
(2) A licensed nurse with experience in caring for drug- or alcohol-exposed7
newborn infants.8
(3) A law enforcement officer employed by a local or state law enforcement9
agency.10
(4) An employee of the Department of Children and Family Services with11
a background and experience with federal and state benefits, such as Medicaid.12
(5) An individual associated with a nonprofit organization with a background13
and experience in charitable and faith-based resources for treatment of alcohol and14
drug abuse or addiction.15
(6) A licensed social worker or counselor with training and experience in the16
treatment of drug or alcohol addiction.17
C. As used in this Section, "appropriate disposition" may include but shall18
not be limited to filing a petition for involuntary commitment as provided for in R.S.19
28:53 and 53.2 to a public facility or a private facility willing to accept the pregnant20
woman for treatment.21
D. The authority provided by the provisions of this Section shall exist from22
the time of arrest to the time of dismissal, acquittal, or conviction.23
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 in a parish with a certain population to convene a
multidisciplinary team regarding cases of pregnant women who test positive for
controlled dangerous substances following an arrest. HLS 12RS-1117 REENGROSSED
HB NO. 370
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that a district attorney in a parish with a population of not less than
27,000 and not more than 30,000 and a parish with a population of not less than 150,000 and
not more than 160,000 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 for which she does not have a valid, legal
prescription, as provided for in the Uniform Control Dangerous Substance Law.
Proposed law provides that the members of the multidisciplinary team shall serve a term of
two years.
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.
(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. HLS 12RS-1117 REENGROSSED
HB NO. 370
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are additions.
House Floor Amendments to the engrossed bill.
1. Added a provision to restrict members of the multidisciplinary team to a term of
two years.
2. Added a provision to change the authority for a district attorney to convene a
multidisciplinary team from statewide application to a district in a parish with a
population of not less than 27,000 and not more than 30,000 and a parish with
a population of not less than 150,000 and not more than 160,000.
3. Added an exception for a pregnant woman who has a valid legal prescription for
a controlled dangerous substance.
4. Made technical amendments.