HLS 17RS-1843 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 678 (Substitute for House Bill No. 479 by Representative Horton)
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 437(A), 603(24), and 610(G), to enact
3 Children's Code Article 603(19) and Subpart E of Part VI of Chapter 5-A of Title 40
4 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:1086.11, and
5 to repeal Act No. 396 of the 2007 Regular Session of the Legislature, relative to
6 prenatal neglect and the reporting thereof; to provide for definitions; to provide for
7 notification procedures; to provide for limitation of liability; to provide for referral
8 for mediation; to provide for promulgation of rules by the Department of Children
9 and Family Services; to provide for enforceability; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Children's Code Articles 437(A), 603(24), and 610(G) are hereby
12amended and reenacted and Children's Code Article 603(19) is hereby enacted to read as
13follows:
14 Art. 437. Referral for mediation
15 A. At any time the court may order the referral for mediation in any
16 proceeding authorized by this Code, except domestic abuse assistance proceedings
17 brought pursuant to Chapter 8, Title XV, and the informal family services plan
18 procedure of Chapter 5, Title VII.
19 * * *
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HB NO. 678
1 Art. 603. Definitions
2 As used in this Title:
3 * * *
4 (19) "Newborn" means a child who is not more than thirty days old, as
5 determined within a reasonable degree of medical certainty by an examining
6 physician.
7 * * *
8 (24) "Prenatal neglect" means the unlawful use by a mother during
9 pregnancy of a exposure to chronic or severe use of alcohol or the unlawful use of
10 any controlled dangerous substance, as defined by R.S. 40:961 et seq., or in a manner
11 not lawfully prescribed, which results in symptoms of withdrawal in the infant
12 newborn or the presence of a controlled substance or a metabolic thereof in the
13 infant's his body, blood, urine, or meconium that is not the result of medical
14 treatment, or observable and harmful effects in his physical appearance or
15 functioning.
16 * * *
17 Art. 610. Reporting procedure; report to the legislature
18 * * *
19 G.(1) If a physician has cause to believe that a mother of an infant
20 unlawfully used during pregnancy a newborn was exposed in utero to an unlawfully
21 used controlled dangerous substance, as defined by R.S. 40:961 et seq., the physician
22 shall order a toxicology test upon the infant newborn, without the consent of the
23 infant's newborn's parents or guardian, to determine whether there is evidence of
24 prenatal neglect. If the test results are positive, the physician shall report the results
25 issue a report, as soon as possible, in accordance with this Article. If the test results
26 are negative, all identifying information shall be obliterated if the record is retained,
27 unless the parent approves the inclusion of identifying information. Positive test
28 results shall not be admissible in a criminal prosecution.
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HB NO. 678
1 (2) If there are symptoms of withdrawal in the newborn or other observable
2 and harmful effects in his physical appearance or functioning that a physician has
3 cause to believe are due to the chronic or severe use of alcohol by the mother during
4 pregnancy or are the effects of fetal alcohol spectrum disorder, the physician shall
5 issue a report in accordance with this Article.
6 * * *
7 Section 2. Subpart E of Part VI of Chapter 5-A of Title 40 of the Louisiana Revised
8Statutes of 1950, comprised of R.S. 40:1086.11, is hereby enacted to read as follows:
9 SUBPART E. NEONATAL ABSTINENCE SYNDROME
10 ยง1086.11. Physician notification
11 A. If a newborn exhibits symptoms of withdrawal or other observable and
12 harmful effects in his physical appearance or functioning that a physician believes
13 are due to the use of a controlled dangerous substance, as defined by R.S. 40:961 et
14 seq., in a lawfully prescribed manner by the mother during pregnancy, the physician
15 shall make a notification to the Department of Children and Family Services on a
16 form developed by the department. Such notification shall not constitute a report of
17 child abuse or prenatal neglect, nor shall it require prosecution for any illegal action.
18 B. A healthcare provider shall be authorized to share any protected health
19 information, as defined in 45 CFR 160.103, with the Department of Children and
20 Family Services for the purpose of complying with the notification requirement of
21 this Subpart.
22 C. The Department of Children and Family Services shall promulgate rules
23 and regulations in accordance with the Administrative Procedure Act to implement
24 the provisions of this Subpart. Such rules shall include, at minimum, all of the
25 following:
26 (1) The manner in which the notification shall be made to the department.
27 (2) The form and minimum required contents of the notification.
28 (3) The plan to monitor the statewide system regarding the availability and
29 delivery of appropriate services for newborns and affected families and caretakers.
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1 D. No cause of action shall exist against any individual who in good faith
2 makes a notification to the Department of Children and Family Services pursuant to
3 Subsection A of this Section. Such individuals shall have immunity from any civil
4 or criminal liability that may arise from complying with the provisions of this
5 Subpart.
6 Section 3. Act No. 396 of the 2007 Regular Session of the Legislature is hereby
7repealed in its entirety.
8 Section 4. The provisions of this Act shall not become enforceable until the date of
9adoption by the Department of Children and Family Services of the administrative rules and
10regulations necessary to fully carry out the requirements of the department provided in this
11Act. The provisions of this Act shall be enforceable on and after that date.
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 678 Engrossed 2017 Regular Session Horton
Abstract: Provides relative to prenatal neglect and reporting thereof to the Dept. of
Children and Family Services (DCFS).
Present law encompassed by the Children's Code provides relative to referral for mediation
in any proceeding authorized by the code (Ch. C. Art. 437) and for requirements and
conditions relative to reporting of child abuse and neglect (Ch. C. Art. 601 et seq.).
Proposed law generally retains present law; repeals a reference to an informal family
services plan in provisions relative to mediation; and modifies definitions for purposes of
present law and proposed law relative to child abuse and neglect as follows:
(1)Establishes that the term "newborn" means a child who is not more than 30 days old
as determined within a reasonable degree of medical certainty by an examining
physician.
(2)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
in present law, or in a manner not lawfully prescribed, which results in symptoms of
withdrawal in 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, or observable and harmful effects in his physical appearance or
functioning.
Present law provides requirements relative to medical identification of prenatal neglect and
reporting thereof by physicians.
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HB NO. 678
Proposed law revises present law to provide that if a physician has cause to believe that a
newborn was exposed in utero to an unlawfully used controlled dangerous substance, the
physician shall order a toxicology test upon the newborn, without the consent of the infant's
newborn's parents or guardian, to determine whether there is evidence of prenatal neglect.
In cases when the test results are positive, proposed law requires the physician to issue a
report as soon as possible in accordance with present law relative to reporting of child abuse
and neglect.
Proposed law requires that if there are symptoms of withdrawal in the newborn or other
observable and harmful effects in his physical appearance or functioning which a physician
has cause to believe are due to the chronic or severe use of alcohol by the mother during
pregnancy, or are the effects of fetal alcohol spectrum disorder, then the physician shall issue
a report in accordance with present law relative to reporting of child abuse and neglect.
Proposed law provides that if a newborn exhibits symptoms of withdrawal or other
observable and harmful effects in his physical appearance or functioning that a physician
believes are due to the use of a controlled dangerous substance in a lawfully prescribed
manner by the mother during pregnancy, the physician shall make a notification to DCFS
on a form developed by the department. Stipulates that such notification shall not constitute
a report of child abuse or prenatal neglect, and shall not require prosecution for any illegal
action.
Proposed law authorizes healthcare providers to share any protected health information, as
defined in federal regulations (45 CFR 160.103), with DCFS for the purpose of complying
with the notification requirement of proposed law.
Proposed law requires DCFS to promulgate administrative rules in order to implement the
provisions of proposed law. Provides that such rules shall include, at minimum, all of the
following:
(1)The manner in which the notification shall be made to DCFS.
(2)The form and minimum required contents of the notification.
(3)The plan to monitor the statewide system regarding the availability and delivery of
appropriate services for newborns and affected families and caretakers.
Proposed law stipulates that no cause of action shall exist against any individual who, in
good faith, makes a notification to DCFS pursuant to proposed law relative to a newborn
exhibiting symptoms of withdrawal or other observable and harmful effects believed to be
due to the mother's use of a controlled dangerous substance in a lawfully prescribed manner
during pregnancy. Provides that any such individual shall have immunity from any civil or
criminal liability that may arise from complying with the provisions of proposed law.
Proposed law provides that its provisions shall not become enforceable until the date of
adoption by DCFS of the administrative rules necessary to fully carry out its requirements
as provided in proposed law; and that its provisions shall be enforceable on and after that
date.
(Amends Ch. C. Arts. 437(A), 603(24), and 610(G); Adds Ch. C. Art. 603(19) and R.S.
40:1086.11; Repeals Act No. 396 of 2007 R.S.)
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