HLS 17RS-1006 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 479
BY REPRESENTATIVE HORTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN/NEWBORNS: Provides relative to prenatal neglect and reporting thereof
1 AN ACT
2To amend and reenact Children's Code Articles 603(24) and 610(G), relative to prenatal
3 neglect and the reporting thereof; to provide for the definition of prenatal neglect; to
4 establish procedures for medical identification of prenatal neglect; to provide relative
5 to reporting of prenatal neglect by physicians; to provide for limitation of liability;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Children's Code Articles 603(24) and 610(G) are hereby amended and
9reenacted to read as follows:
10 Art. 603. Definitions
11 * * *
12 (24) "Prenatal neglect" means the unlawful use by a mother during
13 pregnancy of a exposure to chronic or severe use of alcohol or the unlawful use of
14 any controlled dangerous substance, as defined by R.S. 40:961 et seq., or in a manner
15 not lawfully prescribed, which results in symptoms of withdrawal in the infant
16 newborn, observable and harmful effects in the physical appearance or functioning
17 of the newborn, or the presence of a controlled substance or a metabolic thereof in
18 the infant's body the newborn's body, blood, urine, or meconium that is not the result
19 of medical treatment, as indicated by the treating physician.
20 * * *
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HB NO. 479
1 Art. 610. Reporting procedure; report to the legislature
2 * * *
3 G.(1) If a physician who is involved in the delivery or care of a newborn has
4 cause to believe that a mother of an infant unlawfully used during pregnancy the
5 newborn was exposed in utero to a controlled dangerous substance, as defined by
6 R.S. 40:961 et seq., in a manner not lawfully prescribed, the physician shall order a
7 toxicology test upon the infant newborn, without the consent of the infant's
8 newborn's parents or guardian, to determine whether there is evidence of prenatal
9 neglect. If the test results are positive there is evidence of prenatal neglect, the
10 physician shall make a report the results, as soon as possible, in accordance
11 consistent with this Article. If the test results are negative there is no evidence of
12 prenatal neglect, all identifying information shall be obliterated if the record is
13 retained, unless the parent approves the inclusion of identifying information. Positive
14 test results shall not be admissible in a criminal prosecution.
15 (2) If there are symptoms of withdrawal in the newborn or other observable
16 and harmful effects in his physical appearance or functioning, the physician shall
17 make a report consistent with this Article if he has cause to believe such condition
18 is due either to the chronic or severe use of alcohol by the mother during pregnancy,
19 or to the effects of fetal alcohol spectrum disorder.
20 (3)(a) If there are symptoms of withdrawal in the newborn or other
21 observable and harmful effects in his physical appearance or functioning that the
22 physician believes is due to the use of a controlled dangerous substance, as defined
23 by R.S. 40:961 et seq., in a lawfully prescribed manner by the mother during
24 pregnancy, the physician shall make a notification to the department. Such
25 notification shall include an assurance that a plan of safe care has been or will be
26 developed prior to discharge from the hospital to ensure the safety of the newborn
27 and caretaker. The plan of safe care shall, at a minimum, address the health and
28 substance use disorder treatment needs of the newborn and the affected family or
29 caretaker.
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HB NO. 479
1 (b) The department shall promulgate rules and regulations in accordance
2 with the Administrative Procedure Act to implement the provisions of this
3 Paragraph. Such rules shall include, at a minimum, the manner in which the
4 notification required by this Paragraph shall be made to the department.
5 (4) No cause of action shall exist against an individual who in good faith
6 develops a plan of safe care or a plan to monitor such plan. Such individual shall
7 have immunity from any civil or criminal liability that otherwise might be incurred
8 or imposed.
9 Section 2. This Act shall become effective upon signature by the governor or, if not
10signed by the governor, upon expiration of the time for bills to become law without signature
11by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
12vetoed by the governor and subsequently approved by the legislature, this Act shall become
13effective on the day following such approval.
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)]
HB 479 Original 2017 Regular Session Horton
Abstract: Revises the definition of "prenatal neglect" and requirements for reporting
thereof.
Present law relative to reporting of child abuse (Ch. C. Art. 601 et seq.) defines "prenatal
neglect" to mean the unlawful use by a mother during pregnancy of a controlled dangerous
substance, as defined by present law, which results in symptoms of withdrawal in the infant
or the presence of a controlled substance in the infant's body.
Proposed law revises the definition of "prenatal neglect" to mean exposure to chronic or
severe use of alcohol or the unlawful use of any controlled dangerous substance, as defined
by present law, or in a manner not lawfully prescribed, which results in symptoms of
withdrawal in the newborn, observable and harmful effects in the physical appearance or
functioning of the newborn, or the presence of a controlled substance or a metabolic thereof
in the newborn's body, blood, urine, or meconium that is not the result of medical treatment,
as indicated by the treating physician.
Present law provides requirements relative to medical identification of prenatal neglect and
reporting thereof by physicians.
Proposed law revises present law to establish the following procedure for medical
identification and reporting by physicians of prenatal neglect:
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HB NO. 479
(1)If a physician who is involved in the delivery or care of a newborn has cause to
believe that the newborn was exposed in utero to a controlled dangerous substance,
as defined by present law, in a manner not lawfully prescribed, the physician shall
order a toxicology test upon the newborn, without the consent of the newborn's
parents or guardian, to determine whether there is evidence of prenatal neglect.
(2)If there is evidence of prenatal neglect, the physician shall report the results, as soon
as possible, following the applicable procedure provided present law.
(3)If there is no evidence of prenatal neglect, all identifying information shall be
obliterated if the record is retained, unless the parent approves the inclusion of
identifying information. Present law and proposed law provide that positive test
results shall not be admissible in a criminal prosecution.
(4)If there are symptoms of withdrawal in the newborn or other observable and harmful
effects in his physical appearance or functioning, the physician shall make a report
consistent with the applicable procedure provided present law if he has cause to
believe such condition is due either to the chronic or severe use of alcohol by the
mother during pregnancy, or to the effects of fetal alcohol spectrum disorder.
(5)If there are symptoms of withdrawal in the newborn or other observable and harmful
effects in his physical appearance or functioning that the physician believes is due
to the use of a controlled dangerous substance, as defined by present law, in a
lawfully prescribed manner by the mother during pregnancy, the physician shall
make a notification to the Dept. of Children and Family Services. Such notification
shall include an assurance that a plan of safe care has been or will be developed prior
to discharge from the hospital to ensure the safety of the newborn and caretaker. The
plan of safe care shall, at a minimum, address the health and substance use disorder
treatment needs of the newborn and the affected family or caretaker.
Proposed law stipulates that no cause of action shall exist against an individual who in good
faith develops a plan of safe care or a plan to monitor such plan. Provides that such
individual shall have immunity from any civil or criminal liability that otherwise might be
incurred or imposed.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends Ch. C. Arts. 603(24) and 610(G))
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