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2024 Regular Session
SENATE BILL NO. 414
BY SENATORS BASS AND TALBOT
CHILDREN. Authorizes the installation and use of newborn safety devices at infant
relinquishment sites designated in the Safe Haven Law. (8/1/24)
1 AN ACT
2 To amend and reenact Children's Code Art. 1151(A)(1) and 1152(A)(2), relative to the
3 installation and use of newborn safety devices at infant relinquishment sites; to
4 authorize the installation of the devices at certain sites; to provide for requirements
5 for use of the devices; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Children's Code Art. 1151(A)(1) and 1152(A)(2) are hereby amended and
8 reenacted to read as follows:
9 Art. 1151. Relinquishment of infants; defense to prosecution
10 A.(1) If a parent wishes to relinquish his infant, he may leave the infant in the
11 care of any employee of a designated emergency care facility or in a newborn safety
12 device that is located in a designated emergency care facility that is manned
13 continuously on a twenty-four hour basis, seven days a week, and three hundred
14 sixty-five days a year and meets the specifications provided in Subparagraph (2) of
15 this Paragraph and is physically located inside of a facility which is licensed as a
16 hospital in accordance with the Hospital Licensing Law, R.S. 40:2100 et seq., and
17 has an emergency department that is staffed twenty-four hours per day. The
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 414
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1 employee who mans the newborn safety device shall be an emergency response
2 provider, as defined in 6 U.S.C. 101, who is certified in neonatal resuscitation
3 and pediatric advanced life support.
4 * * *
5 Art. 1152. Designated emergency care facility, emergency medical service provider,
6 firefighter, and law enforcement officer responsibilities; newborn
7 safety devices authorized
8 A. * * *
9 * * *
10 (2)(a) A designated emergency care facility that is a hospital licensed in
11 accordance with the Hospital Licensing Law, R.S. 40:2100 et seq., which has an
12 emergency department that is staffed twenty-four hours per day may install on its
13 premises a newborn safety device in accordance with the requirements and
14 specifications of Article 1151(A).
15 (b) A Each designated emergency care facility that installs a newborn safety
16 device as authorized by this Subparagraph Article 1151(A) shall be:
17 (a) Be responsible for the cost of the installation.
18 (b)(c) Each designated emergency care facility that installs a newborn safety
19 device as authorized by this Subparagraph shall install Install an adequate dual alarm
20 system connected to the physical location of the newborn safety device. The facility
21 shall ensure all of the following with respect to the alarm system:
22 (i) The system generates an audible alarm at a central location within the
23 facility sixty seconds after the opening of the access door to the newborn safety
24 device.
25 (ii) The system generates an automatic call to 911 if the alarm is activated
26 and not turned off from within the facility less than sixty seconds after the
27 commencement of the initial alarm.
28 (iii) The alarm system is tested at least one time per week to ensure that it is
29 in working order.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 414
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1 (iv) The alarm system is visually checked at least two times per day to ensure
2 that it is in working order.
3 (c)(d) Each designated emergency care facility that installs a newborn safety
4 device as authorized by this Subparagraph shall ensure Ensure that the device is
5 checked at least daily for debris and is cleaned and sanitized with a hospital-quality
6 disinfectant at least weekly and after any newborn relinquishment into the device.
7 (d)(e) Each designated emergency care facility that installs a newborn safety
8 device as authorized by this Subparagraph shall maintain Maintain documentation
9 of the testing of the alarm system required by Subsubparagraph (c) of this
10 Subparagraph and the cleaning and sanitation of the device required by
11 Subsubparagraph (d) of this Subparagraph.
12 (e)(f) Each designated emergency care facility that installs a newborn safety
13 device as authorized by this Subparagraph shall install Install adjacent to the device
14 a card holder and shall keep the card holder stocked with safe haven informational
15 cards supplied by the department pursuant to Paragraph D of this Article and other
16 safe haven informational materials produced in accordance with Article 1160.
17 (f)(g) Each designated emergency care facility that installs a newborn safety
18 device as authorized by this Subparagraph shall adopt Adopt written policies for
19 receiving, in accordance with the applicable requirements of this Chapter and
20 applicable licensing rules, a newborn who has been relinquished into the newborn
21 safety device.
22 (g) Maintain neonatal and pediatric resuscitation supplies.
23 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Amanda Trapp.
DIGEST
SB 414 Engrossed 2024 Regular Session Bass
Present law authorizes the installation of a newborn safety device in a designated emergency
care facility that is physically located inside of a licensed hospital and has an emergency
department that is staffed 24 hours per day.
Proposed law authorizes the installation of the device in any designated emergency care
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 414
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facility that is manned continuously on a 24 hour basis, seven days a week, and 365 days a
year by an emergency response provider who is certified in neonatal resuscitation and
pediatric advanced life support.
Effective August 1, 2024.
(Amends Ch.C. Art. 1151(A)(1) and 1152(A)(2))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Adds requirements for facilities that install a device.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.