Text: HF02521 Text: HF02523 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.73, unnumbered paragraph 2, Code 1 2 1997, is amended to read as follows: 1 3 As used in this section and section 232.77, "medically 1 4 relevant test" means a test that produces reliable results of 1 5 exposure to marijuana, cocaine, heroin, amphetamine, 1 6 methamphetamine, or other illegal drugs, or combinations or 1 7 derivatives thereof, including a drug urine screen test. 1 8 Sec. 2. Section 232.77, subsection 2, Code 1997, is 1 9 amended to read as follows: 1 10 2. a. If a health practitioner discovers in a child 1 11 physical or behavioral symptoms of the effects of exposure to 1 12 marijuana, cocaine, heroin, amphetamine, methamphetamine, or 1 13 other illegal drugs, or combinations or derivatives thereof, 1 14 which were not prescribed by a health practitioner, or if the 1 15 health practitioner has determined through a risk-based 1 16 assessment or examination of the natural mother ofthea new 1 17 born child or within three months subsequent to the child's 1 18 birth that the child was exposed in utero, the health 1 19 practitioner may perform or cause to be performed a medically 1 20 relevant test, as defined in section 232.73, on the child. 1 21 b. The practitioner shall report any positive results of 1 22 such a test on the child to the department. The department 1 23 shall begin an investigation pursuant to section 232.71 upon 1 24 receipt of such a report. A positive test result obtained 1 25 prior to the birth of a child shall not be used for the 1 26 criminal prosecution of a parent for acts and omissions 1 27 resulting in intrauterine exposure of the child to an illegal 1 28 drug. 1 29 EXPLANATION 1 30 This bill relates to the performance of a medically 1 31 relevant test for the presence of illegal drugs in a child. 1 32 Under current law, a health practitioner may perform or 1 33 cause a medically relevant test to be performed if there are 1 34 symptoms of exposure to illegal drugs or other reason to 1 35 believe a child may have been exposed to illegal drugs. A 2 1 medically relevant test is defined in Code chapter 232 to mean 2 2 a test for various illegal drugs and may include a drug urine 2 3 screen test. The bill adds marijuana to the list of drugs for 2 4 which a test may be performed. 2 5 In addition, the bill authorizes a medically relevant test 2 6 if a risk-based assessment of the mother of a new born child, 2 7 or within three months of the child's birth, indicates the 2 8 child may have been exposed in utero. 2 9 Under current law, a medically relevant test which produces 2 10 a positive result must be reported to the department of human 2 11 services which is required to perform a child abuse 2 12 assessment. 2 13 LSB 3867HV 77 2 14 jp/jl/8
Text: HF02521 Text: HF02523 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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