Current Status Introducing Body:Senate Bill Number:75 Primary Sponsor:Rose Committee Number:11 Type of Legislation:GB Subject:Drug Impaired Infants Act Residing Body:Senate Current Committee:Judiciary Computer Document Number:436/12746AC.93 Introduced Date:19930112 Last History Body:Senate Last History Date:19930112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Wilson Giese Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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75 Senate 19930112 Introduced, read first time, 11
referred to Committee
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TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 60 SO AS TO ENACT THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, WHICH PROVIDES PROCEDURES FOR THE DRUG TESTING OF A NEWBORN CHILD UNDER CERTAIN CONDITIONS, AND PROVIDES THAT A NEWBORN CHILD TESTING POSITIVE FOR THESE SUBSTANCES UNDER THESE CONDITIONS IS CONSIDERED NEGLECTED FOR PURPOSES OF FAMILY COURT JURISDICTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-60-10. This chapter may be cited as the South Carolina Drug Impaired Infants Act.
Section 44-60-20. The Department of Health and Environmental Control shall provide educational information to be distributed to obstetricians, hospitals, and other appropriate persons and entities. This information must include, but is not limited to:
(1) the harm done to unborn infants from drug use by the mother; and
(2) the law relating to drug use during pregnancy including the provisions of this chapter.
Section 44-60-30. (A) A urine or blood test for controlled substances as defined in this title must be administered to an infant if the physician delivering or treating the infant has reason to believe, based on a medical assessment of the mother or the infant, that the mother may have used a controlled substance for a nonmedical purpose during the pregnancy resulting in the birth of the infant being delivered or treated. If the result of the test is positive, the physician shall report the result to the South Carolina Department of Social Services. Notwithstanding a negative test result, a physician shall report to the department the existence of any other persuasive medical evidence of prenatal exposure to a controlled substance. The department, in its discretion, must forward this information to the family court.
(B) Any person who makes the report required by this section in good faith is immune from any liability, civil or criminal, which might otherwise be incurred or imposed and has the same immunity with respect to any judicial proceeding which results from the report.
(C) No information about any test administered in accordance with this section is admissible as evidence in any criminal proceeding alleging the possession or use of a controlled substance in violation of law.
Section 44-60-40. A newborn infant who tests positive for any amount of a controlled substance pursuant to Section 44-60-30 is considered neglected pursuant to Section 20-7-400(A)(1)(a) and (b) unless the controlled substance present in the newborn infant is the result of lawful medical treatment administered to the mother or newborn infant. The family court in these instances is authorized to take appropriate action regarding this neglected child in the same manner it is authorized to deal with other neglected children as provided by law."
SECTION 2. This act takes effect upon approval by the Governor.