Current Status Introducing Body:Senate Bill Number:79 Primary Sponsor:Rose Committee Number:13 Type of Legislation:GB Subject:Prenatal exposure, controlled substances Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:79 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
79 Senate Jan 08, 1991 Introduced and read first 13
time, referred to Committee
79 Senate Sep 10, 1990 Prefiled, referred to 13
Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROVIDE FOR THE REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-53-60. (A) The following persons shall report immediately to the local department of social services any knowledge or reason the person has to believe that a woman is pregnant and has used a controlled substance as defined in this title for a nonmedical purpose during the pregnancy:
(1) a professional engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, or education;
(2) law enforcement officials; and
(3) members of the clergy who received the information while engaged in ministerial duties, except that a member of the clergy is not required to report information subject to a privilege under the law.
A person, not listed above, may make a report of any knowledge or reason the person has to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy.
(B) If the report alleges use of a controlled substance for a nonmedical purpose by a pregnant woman, the local department of social services shall conduct immediately an assessment and offer services indicated under the circumstances. Services provided by the local department of social services may include referrals for chemical dependency treatment and for prenatal care. The local department of social services shall take action for an emergency admission to a treatment center for chemically dependent persons if the pregnant woman refuses recommended voluntary service or fails to accept recommended treatment.
'Chemically dependent person' for purposes of this section means a pregnant woman who has engaged during the pregnancy in habitual or excessive use, for a nonmedical purpose, of a controlled substance or its derivative.
(C) A report must be in writing and contain the identity of the pregnant woman, the controlled substance being used by her, and the name and address of the person making the report.
(D) For purposes of this section, 'immediately' means as soon as possible but not longer than twenty-four hours.
(E) A person who knowingly or recklessly makes a false report under the provisions of this section is liable in a civil suit for actual and punitive damages to the person so reported.
(F) The records must be maintained by the local department of social services as set forth in Title 43."
SECTION 2. This act takes effect upon approval by the Governor.