Effective 28 Aug 2019
191.737. Children exposed to substance abuse, referral by physician to children's division — physician making referral immune from civil liability — confidentiality of report. — 1. Notwithstanding the physician-patient privilege, any physician or health care provider may refer to the children's division families in which children may have been exposed to a controlled substance listed in section 195.017, schedules I, II and III, or alcohol as evidenced by a written assessment, made or approved by a physician, health care provider, or by the children's division, that documents the child as being at risk of abuse or neglect and either:
(1) Medical documentation of signs and symptoms consistent with controlled substances or alcohol exposure in the child at birth; or
(2) Results of a confirmed toxicology test for controlled substances performed at birth on the mother or the child.
2. Notwithstanding the physician-patient privilege, any physician or health care provider shall refer to the children's division families in which infants are born and identified as affected by substance abuse, withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder as evidenced by:
(1) Medical documentation of signs and symptoms consistent with controlled substances or alcohol exposure in the child at birth; or
(2) Results of a confirmed toxicology test for controlled substances performed at birth on the mother or the child.
3. Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required pursuant to the provisions of section 210.115.
4. Any physician or health care provider complying with the provisions of this section, in good faith, shall have immunity from any civil liability that might otherwise result by reason of such actions.
5. Referral and associated documentation provided for in this section shall be confidential and shall not be used in any criminal prosecution.
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(L. 1991 S.B. 190 § 7, A.L. 2014 H.B. 1299 Revision, A.L. 2018 S.B. 819, A.L. 2019 S.B. 514)
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