Section 191.737

Title XII PUBLIC HEALTH AND WELFARE

Chapter 191

Effective - 28 Aug 2014, 3 histories, see footnote   (history) 

  191.737.  Children exposed to substance abuse, referral by physician to department of health and senior services — services to be initiated within seventy-two hours — 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 department of health and senior services 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:

  (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; and

  (3)  A written assessment made or approved by a physician, health care provider, or by the children's division which documents the child as being at risk of abuse or neglect.

  2.  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.

  3.  Upon notification pursuant to subsection 1 of this section, the department of health and senior services shall offer service coordination services to the family.  The department of health and senior services shall coordinate social services, health care, mental health services, and needed education and rehabilitation services.  Service coordination services shall be initiated within seventy-two hours of notification.  The department of health and senior services shall notify the department of social services and the department of mental health within seventy-two hours of initial notification.

  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)