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Senate Study Bill 2292

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 232.2, subsection 6, paragraph o, Code
  1  2 Supplement 1995, is amended to read as follows:
  1  3    o.  Who is described by any other paragraph of this
  1  4 subsection and in In whose body there is an illegal drug
  1  5 present as a direct and foreseeable consequence of the acts or
  1  6 omissions of the child's parent, guardian, or custodian which
  1  7 a reasonable and prudent person knew or should have known is
  1  8 likely to lead to the drug's presence in the child's body.
  1  9 The presence of the drug shall be determined in accordance
  1 10 with a medically relevant test as defined in section 232.73.
  1 11    Sec. 2.  Section 232.68, subsection 2, paragraph f, Code
  1 12 Supplement 1995, is amended to read as follows:
  1 13    f.  An illegal drug is present in a child's body as a
  1 14 direct and foreseeable consequence of the acts or omissions of
  1 15 the person responsible for the care of the child which a
  1 16 reasonable and prudent person knew or should have known is
  1 17 likely to lead to the drug's presence in the child's body.
  1 18    Sec. 3.  Section 232.73, unnumbered paragraph 2, Code
  1 19 Supplement 1995, is amended to read as follows:
  1 20    As used in this section and section 232.77, "medically
  1 21 relevant test" means a test that produces reliable results of
  1 22 exposure to cocaine, heroin, amphetamine, methamphetamine, or
  1 23 other illegal drugs, or combinations or derivatives thereof,
  1 24 including a drug urine screen test.  The Iowa department of
  1 25 public health, in consultation with the department of human
  1 26 services and the council on chemically exposed infants and
  1 27 children created in chapter 235C, shall adopt rules specifying
  1 28 minimum standards for reliable results of medically relevant
  1 29 tests.  The rules shall include but are not limited to
  1 30 standards which minimize the incidence of false positive test
  1 31 results.  The Iowa department of public health shall maintain
  1 32 a list of laboratories which are approved to perform medically
  1 33 relevant tests in accordance with the standards adopted in
  1 34 administrative rules.
  1 35    Sec. 4.  Section 232.77, subsection 2, Code 1995, is
  2  1 amended to read as follows:
  2  2    2.  If a health practitioner discovers in a child physical
  2  3 or behavioral symptoms of the effects of exposure to cocaine,
  2  4 heroin, amphetamine, methamphetamine, or other illegal drugs,
  2  5 or combinations or derivatives thereof, which were not
  2  6 prescribed by a health practitioner, or if the health
  2  7 practitioner has determined through examination of the natural
  2  8 mother of the child that the child was exposed in utero, the
  2  9 health practitioner may perform or cause to be performed a
  2 10 medically relevant test, as defined in section 232.73, on the
  2 11 child.  The practitioner shall report any positive results of
  2 12 such a test on the child to the department.  The department
  2 13 shall begin an investigation pursuant to section 232.71 upon
  2 14 receipt of such a report.  A positive test result shall not be
  2 15 used for the criminal prosecution of a parent for acts and
  2 16 omissions resulting in intrauterine exposure of the child to
  2 17 an illegal drug.
  2 18    Sec. 5.  Section 232.106, subsection 2, Code Supplement
  2 19 1995, is amended to read as follows:
  2 20    2.  If a parent, guardian, or custodian is required to have
  2 21 a chemical test of blood or urine for the purpose of
  2 22 determining the presence of an illegal drug, the test shall be
  2 23 a medically relevant test as defined in section 232.73.  The
  2 24 parent, guardian, or custodian may select the laboratory which
  2 25 processes the test from among the laboratories approved
  2 26 pursuant to section 232.73.  A positive test result shall not
  2 27 be used for the criminal prosecution of a parent, guardian, or
  2 28 custodian for the presence of an illegal drug.
  2 29    Sec. 6.  ADMINISTRATIVE RULES VOID.  Administrative rules
  2 30 adopted by the Iowa department of public health pursuant to
  2 31 section 232.73, unnumbered paragraph 2, Code Supplement 1995,
  2 32 are void on the effective date of this Act.
  2 33    Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of
  2 34 immediate importance, takes effect upon enactment.  
  2 35                           EXPLANATION
  3  1    This bill relates to medically relevant tests for the
  3  2 presence of illegal drugs in a child or parent, voiding
  3  3 related administrative rules, and providing an effective date.
  3  4    Section 232.2, subsection 6, relating to the definition of
  3  5 child in need of assistance under the juvenile justice code,
  3  6 is amended by modifying the provision relating to the presence
  3  7 of an illegal drug in a child's body.  The amendment removes a
  3  8 requirement that the presence of the drug by itself does not
  3  9 cause a child to meet the definition but must be in addition
  3 10 to other conditions in the definition.  In addition, the bill
  3 11 removes the standard that a reasonable and prudent person knew
  3 12 or should have known their acts or omissions would lead to the
  3 13 presence of the drug, but adds that the presence of the drug
  3 14 must have been forseeable.
  3 15    Section 232.68, relating to definitions of child abuse used
  3 16 for reporting and investigative purposes, is amended to
  3 17 conform to the section 232.2 amendment.
  3 18    Section 232.73, relating to medically relevant tests for
  3 19 the presence of a drug, is amended to remove a requirement for
  3 20 the Iowa department of public health to adopt rules specifying
  3 21 minimum standards for reliable results for the tests and to
  3 22 maintain a list of laboratories approved to perform the tests.
  3 23    Section 232.77, relating to medically relevant tests, is
  3 24 amended to strike a prohibition against using the results of
  3 25 tests for the criminal prosecution of a parent for acts or
  3 26 omissions resulting in intrauterine exposure of a child to an
  3 27 illegal drug.
  3 28    Section 232.106, relating to terms and conditions placed by
  3 29 a court on a parent under the juvenile justice code, is
  3 30 amended to conform with the amendments to sections 232.73 and
  3 31 232.77.  The amendment strikes a reference to the laboratories
  3 32 approved by the Iowa department of public health if a parent
  3 33 is required to have a medically relevant test.
  3 34    The bill provides that the rules adopted by the Iowa
  3 35 department of public health regarding medically relevant tests
  4  1 and laboratories for the tests are void as of the effective
  4  2 date of the bill.  The bill takes effect upon enactment.  
  4  3 LSB 4334SC 76
  4  4 jp/jj/8
     

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