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ACT No. 579
Regular Session, 2012
HOUSE BILL NO. 370
BY REPRESENTATIVE HOFFMANN
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, a parish with a population of not13
less than one hundred fifty thousand and not more than one hundred sixty thousand,14
and a parish with a population of not less than three hundred thousand and not more15
than four hundred thousand according to the most recent federal decennial census16
may convene a multidisciplinary team to assist in making a determination of the17
appropriate disposition of a case where a pregnant woman under arrest tests positive18
for controlled dangerous substances for which she does not have a valid, legal19
prescription, as provided for in the Uniform Controlled Dangerous Substances Law.20
Each member of the multidisciplinary team shall serve a term of two years.21
B. The multidisciplinary team may include but is not limited to the following22
persons:23 ENROLLEDHB NO. 370
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(1) A Louisiana board-certified physician trained in obstetrics and1
gynecology.2
(2) A licensed nurse with experience in caring for drug- or alcohol-exposed3
newborn infants.4
(3) A law enforcement officer employed by a local or state law enforcement5
agency.6
(4) An employee of the Department of Children and Family Services with7
a background and experience with federal and state benefits, such as Medicaid.8
(5) An individual associated with a nonprofit organization with a background9
and experience in charitable and faith-based resources for treatment of alcohol and10
drug abuse or addiction.11
(6) A licensed social worker or counselor with training and experience in the12
treatment of drug or alcohol addiction.13
C. As used in this Section, "appropriate disposition" may include but shall14
not be limited to filing a petition for involuntary commitment as provided for in R.S.15
28:53 and 53.2 to a public facility or a private facility willing to accept the pregnant16
woman for treatment.17
D. The authority provided by the provisions of this Section shall exist from18
the time of arrest to the time of dismissal, acquittal, or conviction.19
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: