Current Status Introducing Body:
HouseBill Number: 4032Primary Sponsor: WilkinsCommittee Number: 27Type of Legislation: GBSubject: Drug tests to newborns and mothersResiding Body: HouseCurrent Committee: Medical, Military, Public and Municipal AffairsComputer Document Number: JMG/1063AC.93Introduced Date: 19930414Last History Body: HouseLast History Date: 19930414Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Wilkins ClyborneType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 4032 House 19930414 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-495, 20-7-496, 20-7-497, AND 20-7-498 SO AS TO PROVIDE THAT DRUG TESTS MUST BE ADMINISTERED TO NEWBORNS AND THEIR MOTHERS, THAT POSITIVE RESULTS MUST BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, TO PROVIDE IMMUNITY FOR GOOD FAITH REPORTING, TO PROVIDE THAT A NEWBORN TESTING POSITIVE IS AN ABUSED CHILD, THAT WITHIN TWENTY-FOUR HOURS OF A POSITIVE DRUG TEST AN ASSESSMENT MUST BE CONDUCTED TO INDICATE SERVICES NEEDED, AND TO MAKE IT A CRIMINAL OFFENSE TO CAUSE A NEWBORN TO TEST POSITIVE FOR DRUGS; TO ADD SECTION 44-53-443 SO AS TO MAKE IT UNLAWFUL TO INGEST CONTROLLED SUBSTANCES DURING PREGNANCY; TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 54 SO AS TO PROVIDE FOR PRENATAL ALCOHOL, DRUG, AND CIGARETTE ABUSE COUNSELING; TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO DEVELOP AND PROVIDE EDUCATIONAL MATERIALS AND TO IMPLEMENT AN ONGOING PUBLIC RELATIONS CAMPAIGN; AND TO PROHIBIT A FACILITY FROM DENYING A PREGNANT WOMAN SERVICES RELATED TO ALCOHOL OR DRUG ABUSE; TO AMEND SECTION 20-7-290, RELATING TO HEALTH SERVICES FOR MINORS, SO AS TO PROVIDE THAT THESE SERVICES MAY BE PERFORMED WITHOUT PARENTAL CONSENT IF AN OPERATION ESSENTIAL TO THE MINOR'S HEALTH OR LIFE IS INVOLVED; TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE, SO AS TO REQUIRE THAT THE COMMISSION COORDINATE CERTAIN PRENATAL SUBSTANCE ABUSE MATTERS; TO AMEND SECTION 59-32-20, RELATING TO THE STATE DEPARTMENT OF EDUCATION DEVELOPING A COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO REQUIRE SCHOOLS TO INCLUDE PRENATAL AND POSTNATAL USE OF ALCOHOL, DRUGS, AND CIGARETTES; TO AMEND SECTION 59-32-30, RELATING TO LOCAL SCHOOL BOARDS TO IMPLEMENT A COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO INCLUDE THE PRENATAL EFFECTS OF CIGARETTES, ALCOHOL, AND DRUGS TO PREGNANT WOMEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 3, Article 7, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-495. (A) A urine, blood, or other appropriate test for controlled substances, as defined in Section 44-53-110, must be administered to each newborn infant and the mother. Appropriate confirmation tests also must be conducted. These tests may be conducted with or without consent.
(B) If the result of the test under subsection (A) is positive, the physician shall report the result to the local office of the South Carolina Department of Social Services or to local law enforcement.
(C) A physician, health care provider, or an individual providing a government service who makes the report pursuant to subsection (B) in good faith is immune from liability, civil or criminal, which might otherwise be incurred or imposed and has the same immunity with respect to a judicial proceeding which results from the report.
Section 20-7-496. A newborn infant who tests positive for any amount of a controlled substance, as defined in Section 44-53-110, is an abused child, as defined in Section 20-7-490(B), unless the controlled substance present in the newborn infant is the result of lawful medical treatment of the mother or infant. Law enforcement, the Department of Social Services, and the family court are authorized to take action regarding this neglected or abused infant in the same manner they are authorized to deal with other abused children as provided by law.
Section 20-7-497. Upon receipt of a report that a newborn infant has been abused as defined by Section 20-7-496, the Department of Social Services shall within twenty-four hours conduct an assessment and offer services indicated under the circumstances, consistent with its conduct in response to a report of abuse or neglect. The department may forward this information to local law enforcement or begin proceedings as provided by law. The department may make referrals to other state agencies as it considers necessary to address the service needs of the child or mother.
Section 20-7-498. A person who knowingly causes an infant to be abused in the manner set forth in Section 20-7-496 upon conviction:
(1) for a first offense, must be imprisoned for no more than six months; however, if the person enrolls in and successfully completes a drug rehabilitation program the sentence must be suspended;
(2) for a second offense, must be imprisoned for no less than one year and not more than five years; however, the sentence may be suspended if a suspended sentence was not given for the first offense, and if the person enrolls in and successfully completes a drug rehabilitation program and submits to a birth control procedure such as Norplant or a similarly effective method;
(3) for a third offense, must be imprisoned for no less than three years and not more than ten years and submits to a birth control procedure such as Norplant or a similarly effective method."
SECTION 2. The 1976 Code is amended by adding:
"Section 44-53-443. It is unlawful for a person to knowingly ingest, in any manner, a controlled substance classified in Schedule I or in Schedule II through V without professional medical supervision or pursuant to a valid medical prescription, after the person has been determined to be pregnant or has reason to believe she is pregnant. A person who is convicted of violating this section is guilty of a misdemeanor and must be punished within the discretion of the circuit court."
SECTION 3. Title 44 of the 1976 Code is amended by adding:
Section 44-54-10. A physician licensed in South Carolina who provides obstetrical or gynecological care to a patient who is pregnant shall counsel the patient on the prenatal effects of smoking cigarettes, the use of alcohol, the use of a controlled substance as defined in Section 44-53-110, and other risk factors appearing to be present in the patient's life. A physician may fulfill this obligation by causing a nurse, social worker, or other allied health professional to provide required counseling. A statement evidencing that this counseling has been provided must be signed by the patient and by the person giving this counseling and must be maintained as part of the patient's medical records.
Section 44-54-20. (A) The South Carolina Department of Health and Environmental Control, in cooperation with the South Carolina Commission on Alcohol and Drug Abuse, shall develop and provide educational programs and materials to physicians who provide obstetrical or gynecological care, to other health care providers who provide services for pregnant women, to hospitals, and to other appropriate persons and entities which must include, but is not limited to:
(1) the effects of cigarettes, alcohol, and controlled substances on pregnancy and fetal outcome;
(2) how other aspects of a woman's life, such as poor nutrition and domestic violence, interact with substance abuse to affect fetal outcome;
(3) what services are available for addicted or substance-abusing women and their families.
(B) The South Carolina Department of Health and Environmental Control, in cooperation with the South Carolina Commission on Alcohol and Drug Abuse, shall develop and implement an ongoing public relations campaign through various media, directed toward appropriate public constituencies concerning the prenatal effects of smoking cigarettes, the use of alcohol, and the use of controlled substances.
Section 44-54-30. No facility or service that provides diagnostic, treatment, or rehabilitative services related to the abuse of alcohol or other drugs may refuse to provide these services to a woman solely because the woman is pregnant. Pregnant women must be given priority access to these services. Diagnostic, treatment, or rehabilitative services must be provided in accordance with accepted professional standards applicable to the treatment of abuse of alcohol or other drugs in pregnant women. All treatment providers must ensure that family-oriented substance abuse treatment is available, as resources may allow."
SECTION 4. Section 20-7-290 of the 1976 Code is amended to read:
"Section 20-7-290. Health services of any kind may be rendered to minors a minor of any age without the consent of a parent or legal guardian when if, in the judgment of a person authorized by law to render a particular health service, such the services are deemed considered necessary unless such the service involves an operation which shall only may be performed only if such the operation is essential to the health or life of such child the minor in the opinion of the performing physician and a consultant physician if one is available."
SECTION 5. Section 44-49-40 of the 1976 Code is amended by adding at the end:
"(11) Coordinate these matters relating to prenatal substance abuse:
(a) study of issues related to prenatal substance abuse;
(b) development of prevention and treatment strategies;
(c) education of policy-makers and other relevant professionals;
(d) identification of grants and other private funding sources and the coordination of efforts to obtain these funds; and
(e) provision of interagency communications and actions relating to the use of alcohol and other drugs during pregnancy."
SECTION 6. Section 59-32-20 of the 1976 Code is amended by adding at the end:
"All school districts shall develop and include in their drug and alcohol education programs in grades one through twelve, age appropriate drug education curricula concerning the physiological effects and problems before and after birth caused by the use of cigarettes, alcohol, and controlled substances."
SECTION 7. Section 59-32-30(A) of the 1976 Code is amended by adding at the end:
"(7) Where appropriate to the students' age group, a program of instruction in reproductive health education or substance use or abuse must include instruction concerning the effects of the use and abuse of cigarettes, alcohol, and controlled substances on persons of reproductive age, pregnant women, and unborn children."
SECTION 8. This act takes effect upon approval by the Governor.