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House Journal: Page 1799: Thursday, April 20, 1995

24   presence in the child's body.
25     Sec. ___.  Section 232.73, unnumbered paragraph 2,
26   Code 1995, is amended to read as follows:
27     As used in this section and section 232.77,
28   "medically relevant test" means a test that produces
29   reliable results of exposure to cocaine, heroin,
30   amphetamine, methamphetamine, or other illegal drugs,
31   or combinations or derivatives thereof, including a
32   drug urine screen test.  The department shall annually
33   consult with the state board of health and the board
34   of pharmacy examiners in developing standards for
35   reliable results of exposure to particular types of
36   drugs, drug combinations, and derivatives as necessary
37   to minimize the incidence of false positive test
38   results.  The department shall consult with the boards
39   in developing a list of laboratories approved for the
40   purposes of this chapter to process medically relevant
41   tests.
42     Sec. ___.  NEW SECTION.  232.106  TERMS AND
43   CONDITIONS ON CHILD'S PARENT.
44     If the court enters an order under this chapter
45   which imposes terms and conditions on the child's
46   parent, guardian, or custodian, the purpose of the
47   terms and conditions shall be to assure the protection
48   of the child.  The order is subject to the following
49   provisions:
50     1.  The order shall state the reasons for and

Page 2  

 1   purpose of the terms and conditions.
 2     2.  If a parent, guardian, or custodian is required
 3   to have a chemical test of blood or urine for the
 4   purpose of determining the presence of an illegal
 5   drug, the test shall be a medically relevant test as
 6   defined in section 232.73.  The parent, guardian, or
 7   custodian may select the laboratory which processes
 8   the test from among the laboratories approved pursuant
 9   to section 232.73.  A positive test result shall not
10   be used for the criminal prosecution of a parent,
11   guardian, or custodian for the presence of an illegal
12   drug."
13     2.  Page 2, by inserting after line 13 the
14   following:
15     "Sec. ___.  Section 235C.3, subsection 3, Code
16   1995, is amended to read as follows:
17     3.  IDENTIFICATION.  The council shall develop
18   recommendations regarding state programs or policies
19   to increase the accuracy of the identification of
20   chemically exposed infants and children."
21     3.  By renumbering as necessary.
Fallon of Polk offered the following amendment H-4014, to
amendment H-3974 filed by him from the floor and moved its
adoption:

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