SB372

By Senators Chambliss, Coleman-Madison, Dunn and Figures

ENROLLED, An Act,

To add Section 26-15-3.3 to the Code of Alabama 1975; to provide that no one would violate the Alabama Child Abuse Act, including the chemical endangerment of a child laws, if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking the controlled substance pursuant to a lawful prescription; to provide that no one shall be required to report under Chapter 14, Title 26, Code of Alabama 1975, the exposing of an unborn child to a controlled substance if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking that controlled substance pursuant to a lawful prescription.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 26-15-3.3 is added to the Code of Alabama 1975, to read as follows:

§26-15-3.3.

(a) No one shall violate Section 26-15-3.2, and no one shall be required to report under Chapter 14 of this title, the exposing of an unborn child to any of the following:

(1) A prescription medication if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking that medication pursuant to a lawful prescription.

(2) A non-prescription FDA approved medication or substance if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking that medication or substance as directed or recommended by a physician or a health care provider acting within the authorized scope of his or her license.

(b) No one shall be criminally liable under any Alabama law for the assistance or conduct of exposing the unborn child to a medication or substance if his or her assistance or conduct is allowed or accepted under subsection (a) in this section.

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses

Criminal Law and Procedure

Civil Procedure

Children

Unborn Children

Child Abuse

Controlled Substances

Code Added