SLS 22RS-101 ORIGINAL
2022 Regular Session
SENATE BILL NO. 60
BY SENATOR CATHEY
SUBSTANCE ABUSE. Provides for the screening of birth mothers to provide assistance
with substance use treatment and other resources. (8/1/22)
1 AN ACT
2 To enact R.S. 40:1121.25, relative to the use of controlled dangerous substances by pregnant
3 women; to provide for blood tests during labor; to provide for access to healthcare
4 information and resources; to provide for limitations on the use of results; to provide
5 for the duties of the Louisiana Department of Health and Department of Children and
6 Family Services; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:1121.25 is hereby enacted to read as follows:
9 ยง1121.25. Use of controlled dangerous substances while pregnant; blood test;
10 information on resources to be provided
11 A. A physician who attends a pregnant woman during labor or delivery
12 shall take or have taken a sample of her blood within eight hours after delivery
13 to identify the presence of any controlled dangerous substance.
14 B. If the test result is positive, the healthcare facility where the birth
15 occurred shall provide the mother with information regarding available
16 resources, programs, and services for improving her own health and the health
17 of her baby. The information shall include referrals to appropriate resources
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 60
SLS 22RS-101 ORIGINAL
1 for health screenings, behavioral health services, and substance use and
2 recovery services.
3 C. A positive test result obtained solely pursuant to this Section shall not
4 require a report of child abuse, nor shall it form the basis of prosecution for any
5 illegal action, unless the woman has obstetrical complications that are a medical
6 indication of possible use of a controlled substance for a nonmedical purpose.
7 D. The Louisiana Department of Health and the Department of
8 Children and Family Services shall work jointly to develop the information
9 necessary for healthcare facilities to implement the provisions of this Section.
10 The departments shall make the information available by posting on their
11 respective websites.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Brandi Cannon.
DIGEST
SB 60 Original 2022 Regular Session Cathey
Proposed law provides that a physician who attends a pregnant woman during labor or
delivery shall take or have taken a sample of her blood within eight hours after delivery to
identify the presence of any controlled dangerous substance. Proposed law requires, in the
case of a positive test result, for the healthcare facility where the birth occurred to provide
the mother with information for improving her own health and the health of her baby,
including referrals to appropriate resources for health screenings, behavioral health services,
and substance use and recovery services.
Proposed law provides for a limit on the use of a positive test result obtained solely pursuant
to proposed law, unless the woman has obstetrical complications that are a medical
indication of possible use of a controlled substance for a nonmedical purpose.
Proposed law provides for the La. Dept. of Health and the Dept. of Children and Family
Services to work jointly to develop the information necessary for healthcare facilities to
implement the provisions of proposed law.
Effective August 1, 2022.
(Adds R.S. 40:1121.25)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.