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AL HB428
Bill
Status
3/17/2016
Primary Sponsor
April Weaver
Click for details
AI Summary
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Adds Section 26-15-3.3 to Alabama Code to provide immunity from child abuse and chemical endangerment charges when a mother takes a controlled substance pursuant to a lawful prescription or an FDA-approved non-prescription medication as directed by a physician or health care provider.
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Eliminates the requirement to report under Chapter 14, Title 26 the exposure of an unborn child to controlled substances or FDA-approved medications when the mother was taking them pursuant to lawful prescription or as directed by a healthcare provider.
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Protects individuals from criminal liability under Alabama law for assisting or conducting actions that expose an unborn child to medications or substances when such conduct is permitted under the exemptions outlined in the bill.
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Applies a "good faith belief" standard, allowing immunity even if there is reasonable belief the mother was taking prescribed or FDA-approved substances rather than requiring proof of actual lawful use.
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Becomes effective immediately upon passage and approval by the Governor.
Legislative Description
Controlled substances, children, exposure to by mother, immunity from criminal liability upon good faith belief that use was pursuant to lawful prescription; reporting of chemical endangerment not required under certain conditions, Sec. 26-15-3.3 added
Crimes and Offenses
Last Action
Indefinitely Postponed
4/28/2016