SUBPART E. NEONATAL ABSTINENCE SYNDROME

§1086.11. Physician notification

            A. If a newborn exhibits symptoms of withdrawal or other observable and harmful effects in his physical appearance or functioning that a physician believes are due to the use of a controlled dangerous substance, as defined by R.S. 40:961 et seq., in a lawfully prescribed manner by the mother during pregnancy, the physician shall make a notification to the Department of Children and Family Services on a form developed by the department. Such notification shall not constitute a report of child abuse or prenatal neglect, nor shall it require prosecution for any illegal action.

            B. A healthcare provider shall be authorized to share any protected health information, as defined in 45 CFR 160.103, with the Department of Children and Family Services for the purpose of complying with the notification requirement of this Subpart.

            C. The Department of Children and Family Services shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Subpart. Such rules shall include, at minimum, all of the following:

            (1) The manner in which the notification shall be made to the department.

            (2) The form and minimum required contents of the notification.

            (3) The plan to monitor the statewide system regarding the availability and delivery of appropriate services for newborns and affected families and caretakers.

            D. A physician who in good faith makes a notification to the Department of Children and Family Services in compliance with this Section shall have no civil or criminal liability for damage or injury arising from that notification, unless the damage or injury was caused by the physician's willful or wanton misconduct or gross negligence.

            Acts 2017, No. 359, §2.

            NOTE: See Acts 2017, No. 359, §2 regarding enforceability.