HB428 Alabama 2016 Session

Summary

Primary Sponsor

April WeaverSenator

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

Summary

HB428 would shield a pregnant mother using prescribed or FDA-approved medications from child abuse and chemical endangerment charges, and would waive mandatory reporting in those cases.

What This Bill Does

It creates immunity under a new Section 26-15-3.3 so that taking a medication as prescribed or directed does not violate the Alabama Child Abuse Act or require reporting for exposing an unborn child to that substance. It covers both prescribed controlled substances and non-prescription FDA-approved meds taken as directed by a physician. It also protects people who assist in exposure from criminal liability if their actions fit within these allowed circumstances. The change takes effect immediately after the Governor signs it into law.

Who It Affects

• A mother of an unborn child who takes a controlled substance or FDA-approved non-prescription medication as prescribed or directed, who would not be charged under the Child Abuse Act or required to be reported in these cases.
• Healthcare providers, family or others who assist with exposure, who would have criminal liability protection if their actions occur within the defined allowable circumstances.
• Mandatory reporters and investigators, who would not be required to report exposure in these specific situations.

Key Provisions

• Adds Section 26-15-3.3 to provide immunity from violations of 26-15-3.2 and from mandatory reporting for exposures involving a mother taking a prescribed controlled substance or FDA-approved non-prescription medication as directed.
• Declares no criminal liability for the assistance or conduct of exposing the unborn child to a medication or substance if the help falls under the immunity in 26-15-3.3.
• Effective immediately upon the Governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses