Current Status Introducing Body:House Bill Number:3858 Primary Sponsor:R. Young Committee Number:27 Type of Legislation:GB Subject:Prenatal Exposure to Controlled Substances Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Computer Document Number:BR1/1536.AC Introduced Date:Apr 11, 1991 Last History Body:House Last History Date:Apr 11, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:R. Young Gonzales Barber Rama J. Bailey Holt Fulmer Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3858 House Apr 11, 1991 Introduced, read first time, 27
referred to Committee
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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:
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.