Text: H03807 Text: H03809 Text: H03800 - H03899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 150, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 1, by inserting before line 1 the
1 4 following:
1 5 "Section 1. Section 232.2, subsection 6, paragraph
1 6 o, Code 1995, is amended to read as follows:
1 7 o. In whose body there is an illegal drug present,
1 8 determined in accordance with a medically relevant
1 9 test as defined in section 232.73, as a direct and
1 10 foreseeable consequence of the acts or willful
1 11 omissions of the child's parent, guardian, or
1 12 custodian.
1 13 Sec. . Section 232.68, subsection 2, paragraph
1 14 f, Code 1995, is amended to read as follows:
1 15 f. An illegal drug is present in a child's body as
1 16 a direct and foreseeable consequence of the acts or
1 17 willful omissions of the person responsible for the
1 18 care of the child.
1 19 Sec. . Section 232.73, unnumbered paragraph 2,
1 20 Code 1995, is amended to read as follows:
1 21 As used in this section and section 232.77,
1 22 "medically relevant test" means a test that produces
1 23 reliable results of exposure to cocaine, heroin,
1 24 amphetamine, methamphetamine, or other illegal drugs,
1 25 or combinations or derivatives thereof, including a
1 26 drug urine screen test. A reliable test result for
1 27 exposure to a mixture or substance containing cocaine
1 28 base requires a reading of more than three hundred
1 29 nanograms. The department shall consult with the
1 30 state board of health and the board of pharmacy
1 31 examiners in developing a list of laboratories
1 32 approved for the purposes of this chapter to process
1 33 medically relevant tests for particular types of
1 34 drugs, drug combinations, and derivatives.
1 35 Sec. . Section 232.77, subsection 2, Code 1995,
1 36 is amended to read as follows:
1 37 2. If a health practitioner discovers in a child
1 38 physical or behavioral symptoms of the effects of
1 39 exposure to cocaine, heroin, amphetamine,
1 40 methamphetamine, or other illegal drugs, or
1 41 combinations or derivatives thereof, which were not
1 42 prescribed by a health practitioner, or if the health
1 43 practitioner has determined through examination of the
1 44 natural mother of the child that the child was exposed
1 45 in utero, the health practitioner may perform or cause
1 46 to be performed a medically relevant test, as defined
1 47 in section 232.73, on the child. The practitioner
1 48 shall report any positive results of such a test on
1 49 the child to the department. The department shall
1 50 begin an investigation pursuant to section 232.71 upon
2 1 receipt of such a report. A positive test result
2 2 shall not be used for the criminal prosecution of a
2 3 parent for acts and omissions resulting in
2 4 intrauterine exposure of the child to an illegal drug
2 5 and shall not represent grounds for a determination of
2 6 child abuse.
2 7 Sec. . NEW SECTION. 232.106 TERMS AND
2 8 CONDITIONS ON CHILD'S PARENT.
2 9 If the court enters an order under this chapter
2 10 which imposes terms and conditions on the child's
2 11 parent, guardian, or custodian, the purpose of the
2 12 terms and conditions shall be to assure the protection
2 13 of the child. The order is subject to the following
2 14 provisions:
2 15 1. The order shall state the reasons for and
2 16 purpose of the terms and conditions.
2 17 2. If a parent, guardian, or custodian is required
2 18 to have a chemical test of blood or urine for the
2 19 purpose of determining the presence of an illegal
2 20 drug, the test shall be a medically relevant test as
2 21 defined in section 232.73. The parent, guardian, or
2 22 custodian may select the laboratory which processes
2 23 the test from among the laboratories approved pursuant
2 24 to section 232.73. A positive test result shall not
2 25 be used for the criminal prosecution of a parent,
2 26 guardian, or custodian for the presence of an illegal
2 27 drug."
2 28 #2. Page 2, by inserting after line 13 the
2 29 following:
2 30 "Sec. . Section 235C.3, subsection 3, Code
2 31 1995, is amended to read as follows:
2 32 3. IDENTIFICATION. The council shall develop
2 33 recommendations regarding state programs or policies
2 34 to increase the accuracy of the identification of
2 35 chemically exposed infants and children."
2 36 #3. By renumbering as necessary.
2 37
2 38
2 39
2 40 FALLON of Polk
2 41 SF 150.701 76
2 42 jp/sc
Text: H03807 Text: H03809 Text: H03800 - H03899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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