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AL SB372

Bill

Status

Passed

5/4/2016

Primary Sponsor

Clyde Chambliss

Click for details

Origin

Senate

Regular Session 2016

AI Summary

  • Adds Section 26-15-3.3 to Alabama Code to provide immunity from Alabama Child Abuse Act and chemical endangerment of a child violations when a mother of an unborn child takes controlled substances pursuant to a lawful prescription or FDA-approved non-prescription medications as directed by a physician or health care provider.

  • Eliminates the requirement to report under Chapter 14, Title 26 the exposing of an unborn child to controlled substances when the mother was taking the substance pursuant to a lawful prescription or as a non-prescription FDA-approved medication as directed by a healthcare provider.

  • Protects third parties from criminal liability under any Alabama law for assisting or conducting the exposure of an unborn child to medications or substances that fall within the immunity provisions of this section.

  • Applies the immunity protections when there is a good faith belief that the mother was taking the controlled substance or medication as prescribed or directed, not just when definitively proven.

  • Becomes effective immediately upon passage and approval by the Governor or otherwise becoming law.

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

Assigned Act No. 2016-399.

5/4/2016

Committee Referrals

Health4/20/2016
Health and Human Services3/22/2016

Full Bill Text

No bill text available