Current Status Introducing Body:Senate Bill Number:986 Primary Sponsor:Shealy Committee Number:11 Type of Legislation:GB Subject:Toxicology test on newborn Residing Body:Senate Current Committee:Judiciary Computer Document Number:BR1/1684.AC Introduced Date:May 14, 1991 Last History Body:Senate Last History Date:May 14, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Shealy Type of Legislation:General Bill
Bill Body Date Action Description CMN
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986 Senate May 14, 1991 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-570 SO AS TO REQUIRE A TOXICOLOGY TEST ON A NEWBORN BELIEVED TO BE EXPOSED TO A CONTROLLED SUBSTANCE, TO REQUIRE REPORTING A POSITIVE TEST RESULT TO THE STATE DEPARTMENT OF SOCIAL SERVICES, TO ESTABLISH A POSITIVE TEST AS PRIMA FACIE EVIDENCE OF ABUSE, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PETITION FOR RELIEF IN ACCORDANCE WITH THIS SECTION, TO REQUIRE THE COURT UPON CERTAIN FINDINGS TO ORDER REVERSIBLE STERILIZATION OR SURGICAL IMPLANTATION OF A BIRTH CONTROL DEVICE, TO PROVIDE CONDITIONS UNDER WHICH THIS PROCEDURE MAY BE REVERSED OR DEVICE REMOVED, AND TO PROVIDE CIVIL AND CRIMINAL IMMUNITY UNDER CERTAIN CONDITIONS.
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. (A) 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 during her pregnancy.
(B) If the toxicology test is positive, the physician shall report the circumstances and test results to the State Department of Social Services. A positive test result is prima facie evidence that the infant is 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.
(C) Upon receiving a report pursuant to this section the State Department of Social services shall investigate as required by Section 20-7-650 and within thirty days of confirming the allegations of the report, shall petition the family court for the relief required by this section and shall proceed with such other measures or relief as are appropriate under this chapter.
(D) Upon findings by the court of a positive toxicology report on the infant for a controlled substance not the result of legal medical treatment of the mother or the infant but as a result of the mother's illegal use of a controlled substance, the court must order that the mother undergo reversible sterilization or the surgical implantation of a birth control device and such other relief as may be appropriate under the circumstances.
(E) Upon finding that the mother has successfully completed a certified drug treatment program and remained drug free for two years, the court shall order reversal of the sterilization procedure or removal of the surgically implanted birth control device.
(F) A person making a mandated report in accordance with this section or assisting in an assessment under this section and the State Department of Social services carrying out its responsibilities as required by this section are immune from civil or criminal liability that otherwise might result from actions of the person or department if the person or employee or official of the department is acting in good faith.
(G) A physician or other medical personnel administering a toxicology test pursuant to this section 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 pursuant to this section and the test is administered in accordance with an established protocol and reasonable medical judgment.
(H) For purposes of this section `controlled substance' means a controlled substance as defined by Section 44-53-110."
SECTION 2. This act takes effect upon approval by the Governor.