SB372 Alabama 2016 Session

Summary

Primary Sponsor

Clyde ChamblissSenator

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

SB372 adds immunity from child abuse charges and reporting requirements for pregnant women using prescribed or FDA-approved medications, and protects others who assist in those situations from criminal liability.

What This Bill Does

It creates a new section (26-15-3.3) that says no one would violate the Alabama Child Abuse Act, including chemical endangerment, if the mother of the unborn child was taking a controlled substance under a lawful prescription or a non-prescription FDA-approved medication as directed by a physician. It also states that there is no requirement to report exposing the unborn child to such substances under the appropriate reporting chapter when the mother is using medications as prescribed. Additionally, it provides immunity from criminal liability for the help or conduct of exposing the unborn child to these medications if the assistance falls under these allowances. The act takes effect immediately after the governor signs it into law.

Who It Affects

• Expectant mothers who take a prescribed controlled substance or FDA-approved medication as directed, who would receive immunity from child abuse/chemical endangerment charges and would not have to make a report.
• People who assist in exposing the unborn child to these medications (e.g., family, caregivers, healthcare providers) if their actions are within the allowed circumstances, shielding them from criminal liability.

Key Provisions

• Adds Section 26-15-3.3 to provide immunity from violating the Alabama Child Abuse Act and from mandatory reporting for certain prenatal medication use by the mother.
• States no one shall be criminally liable for assisting or conducting exposure to the medication if such actions are allowed under the new subsection (a).
• Effective immediately following passage and 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