H 3858 Session 109 (1991-1992)
H 3858 General Bill, By R.M. Young, J.J. Bailey, R.A. Barber, R.C. Fulmer,
S.E. Gonzales, D.N. Holt and J. Rama
A Bill to amend Article 7, Chapter 7, Title 20, Code of Laws of South
Carolina, 1976, by adding Subarticle 4, "Prenatal Exposure to Controlled
Substances", so as to require reporting, testing, Department of Social
Services intervention, immunity for good faith reporting, confidentiality,
prohibition of use of information in certain criminal proceedings, and to
provide penalties.
04/11/91 House Introduced and read first time HJ-21
04/11/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-22
A BILL
TO AMEND ARTICLE 7, CHAPTER 7, TITLE 20, CODE OF LAWS
OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 4,
"PRENATAL EXPOSURE TO CONTROLLED
SUBSTANCES", SO AS TO REQUIRE REPORTING,
TESTING, DEPARTMENT OF SOCIAL SERVICES
INTERVENTION, IMMUNITY FOR GOOD FAITH REPORTING,
CONFIDENTIALITY, PROHIBITION OF USE OF INFORMATION
IN CERTAIN CRIMINAL PROCEEDINGS, AND TO PROVIDE
PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Subarticle 4
Prenatal Exposure to Controlled Substances
Section 20-7-570. Notwithstanding the provisions of Section
20-7-490 or any other provision of this chapter, prenatal exposure to
controlled substances is governed by the provisions of this subarticle.
Section 20-7-572. A person mandated to report child abuse or
neglect under Section 20-7-510 must report to the Department of Social
Services if that person knows or has reason to believe that a woman is
pregnant and has used a controlled substance for a nonmedical purpose
during her pregnancy. Any other person may make a voluntary report
if the person knows or has reason to believe that a woman is pregnant
and has used a controlled substance for a nonmedical purpose during her
pregnancy. A report must contain information sufficient to identify the
pregnant woman, the nature and extent of the use, and the name and
address of the reporter.
Section 20-7-574. Within seventy-two hours of receiving a report
pursuant to Section 20-7-572 the Department of Social Services must
initiate an appropriate and thorough investigation and assessment of the
matter. If the department finds that the woman is pregnant and has used
a controlled substance for a nonmedical purpose, the department
immediately must develop a treatment plan and offer services
appropriate to the circumstances. The services may include, but are not
limited to, referral for prenatal care, referral for chemical dependency
assessment or treatment, including voluntary admission to a treatment
facility pursuant to Section 44-52-20, emergency admission pursuant to
Section 44-52-50, or involuntary commitment pursuant to Section
44-52-70. The Department of Social Services shall seek emergency
admission or involuntary commitment if the pregnant woman refuses
voluntary services or fails to accept recommended treatment.
Section 20-7-576. (A) A physician shall administer a toxicology
test to a woman under the physician's care to determine if there is
evidence that she has ingested a controlled substance if:
(1) the woman is pregnant and the physician has reason to
believe based on a medical assessment of the woman that she may have
used a controlled substance for a nonmedical purpose; or
(2) if the woman within eight hours after delivery has
obstetrical complications that are a medical indication of possible use of
a controlled substance for a nonmedical purpose.
(B) A physician shall administer a toxicology test to a newborn
infant or to an infant within one month of birth who is under the
physician's care if the physician has reason to believe based on a medical
assessment of the mother or the infant that the mother used a controlled
substance for a nonmedical purpose during her pregnancy.
(C) If the test results of a test performed pursuant to subsection
(A) or (B) are positive, the physician shall report in accordance with
Section 20-7-572. A negative test result does not eliminate the
physician's obligation to report under Section 20-7-572 if other medical
evidence causes the physician to believe that the pregnant woman has
used a controlled substance for a nonmedical purpose or that prenatal
exposure to a controlled substance is present.
(D) A physician shall report the results of test performed under
subsections (A) and (B) to the South Carolina Department of Health and
Environmental Control. The identity of the woman and infant subjects
of the tests must not be contained in the report to the Department of
Health and Environmental Control.
Section 20-7-578. An infant whose test result administered
pursuant to Section 29-7-576 is positive is considered abused pursuant
to Section 20-7-490, unless the controlled substance present in the infant
is the result of lawful medical treatment administered to the mother or
infant. Upon receiving a report of an infant's positive test pursuant to
this subarticle, the Department of Social Services shall take action as is
required pursuant to this chapter for the treatment of abused children.
Section 20-7-580. (A) A person making a voluntary or mandated
report under this subarticle or assisting in an assessment under this
subarticle is immune from civil or criminal liability that otherwise might
result from actions of the persons if the person is acting in good faith.
(B) A physician or other medical personnel administering a
toxicology test pursuant to this subarticle is immune from civil or
criminal liability arising from administration of the test, if the physician
ordering the test believes in good faith that the test is required under
Section 20-7-576 and the test is administered in accordance with an
established protocol and reasonable medical judgment.
Section 20-7-582. A person required to report under this subarticle
or a person required to perform any other function under this subarticle,
who knowingly fails to do so, or a person who threatens or attempts to
intimidate a witness is guilty of a misdemeanor and, upon conviction,
must be fined not more than five hundred dollars or imprisoned for not
more than six months, or both.
Section 20-7-584. A report and any information contained in a
report obtained pursuant to this subarticle is confidential and subject to
the provisions of Section 20-7-690.
Section 20-7-586. No information obtained pursuant to this article
is admissible as evidence in a criminal proceeding alleging the
possession or use of a controlled substance in violation of the law.
Section 20-7-588. For purposes of this subarticle `controlled
substance' means a controlled substance as defined by Section
44-53-110."
SECTION 2. This act takes effect upon approval by the Governor.
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