Report Title:

Prenatal Drug Abuse; Reporting; Services

 

Description:

Requires specified persons to report possible non-medical drug or alcohol abuse by a pregnant woman to the department of human services.  Allows voluntary reporting by anyone else.  Requires department of human services to make an assessment and offer services to the pregnant woman.

 


THE SENATE

S.B. NO.

1177

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 587, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows:

     "§587‑    Reporting of prenatal exposure to controlled substances or alcohol.  (a)  Notwithstanding any state law to the contrary concerning confidentiality, the following persons shall immediately report orally to the department about possible drug or alcohol abuse by a pregnant woman if the person knows or has reason to believe that the woman is pregnant and has used a controlled substance, as defined in section 329-1, for a non-medical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol (including marijuana and hashish), or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive:

     (1)  Any licensed or registered professional of the healing arts or any health-related occupation who examines, attends, treats, or provides other professional or specialized services, including but not limited to physicians, including physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals; and

     (2)  Employees or officers of any law enforcement agency, including but not limited to the courts, police departments, department of public safety, correctional institutions, and parole or probation offices;

     (b)  An oral report required to be made by a person enumerated under subsection (a) shall be followed as soon as possible by a report in writing to the department.  The written report shall be of sufficient content to identify the pregnant woman, the nature and extent of the use, if known, and the name and address of the reporter.

     No written report shall be required of any other person making a voluntary oral report if the oral report is sufficiently specific to identify the name and address of the pregnant woman and the name and address of the person making the voluntary oral report, their relationship if any, and a brief description of the reasons for the belief that the pregnant woman is using a controlled substance for a non-medical purpose during the pregnancy, or is consuming alcohol in any way that is habitual or excessive during the pregnancy.  A person making a voluntary oral report shall be immune from civil or criminal liability for making the report if the person is acting in good faith without regard to the veracity of the oral report.

     (c)  Upon receipt of a report under this section, the department shall immediately conduct an appropriate assessment and offer services indicated under the circumstances.  Services offered shall include, but are not limited to, a referral for chemical dependency assessment, a referral for chemical dependency treatment if recommended, and a referral for prenatal care.  The department may also take any appropriate action for an involuntary emergency admission to a hospital if the pregnant woman refuses recommended voluntary services or fails recommended treatment.  The costs of providing the services under this subsection shall be borne primarily by the pregnant woman; provided that the department shall make appropriate funding available under applicable public assistance programs if necessary.

     (d)  As used in this section:

     (1)  "Excessive" means exhibiting behavior that exceeds what is proper, normal, or reasonable over a period of time during the pregnancy which might be considered inadvisable under the circumstances of the pregnancy.

     (2)  "Habitual" means exhibiting the same behavior continuously or repetitively."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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