SF 467 (LSB 2325XS (2) 88)

SENATE FILE 467

BY  BROWN

A BILL FOR

An Act relating to requiring hospitals to provide umbilical cord testing for the presence of an illegal drug or alcohol in a newborn child’s body and child in need of assistance proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135.133  Newborn umbilical cord drug and alcohol testing.
   1.  For the purposes of this section, unless the context otherwise requires, “hospital” means a private or public hospital licensed pursuant to chapter 135B.
   2.  Each newborn child born in a hospital shall be tested for the presence of an illegal drug or alcohol in the child’s body. The test shall be conducted utilizing umbilical cord testing. The department shall report positive test results to the department of human services.
   3.  The department shall adopt rules as necessary for the administration of this section pursuant to chapter 17A.
    Sec. 2.  Section 232.2, subsection 6, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0p.  Who is a newborn in whose body there is an illegal drug or alcohol present at the time of birth. The presence of the drug or alcohol shall be determined in accordance with umbilical cord testing pursuant to section 135B.7.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to requiring hospitals to provide umbilical cord testing for the presence of an illegal drug or alcohol in a newborn child’s body and a child in need of assistance proceeding. 
   The bill provides each newborn child born in a hospital is required to be tested for the presence of an illegal drug or alcohol in the child’s body. The test shall be conducted utilizing umbilical cord testing. The department of public health shall report positive test results to the department of human services. The bill directs the department to adopt rules as necessary to administer the provisions of the bill pursuant to Code chapter 17A.
   The bill provides that a newborn with an illegal drug or alcohol present in the newborn’s system at the time of birth provides grounds for the filing of a child in need of assistance complaint pursuant to Code section 232.81.