HB428 Alabama 2016 Session

Summary

Primary Sponsor

April Weaver Senator

Republican

Session

Regular Session 2016

Title

Controlled substances, children, exposure to by mother, immunity from criminal liability upon good faith belief that use was pursuant to lawful prescription; reporting of chemical endangerment not required under certain conditions, Sec. 26-15-3.3 added

Description

This bill would create a new provision of law that provides 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 or taking that non-prescription FDA approved medication or substance as directed or recommended by a physician or health care provider acting within the authorized scope of his or her license.

The bill provides that 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 or taking that non-prescription FDA approved medication or substance as directed or recommended by a physician or health care provider acting within the authorized scope of his or her license.

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Subjects

Crimes and Offenses