Relating to the presence of an illegal drug in a newborn’s body, and providing penalties

This bill relates to the presence of an illegal drug in a newborn’s body. The bill provides that each newborn born in a birth center or birthing hospital is required to be tested for the presence of an illegal drug in the newborn’s body. The test shall be conducted utilizing umbilical cord testing pursuant to administrative rules. Positive tests shall be reported to the department of health and human services. The bill directs the department to adopt rules as necessary to administer the provisions of the bill pursuant to Code chapter 17A. 96A. The bill establishes a child endangerment offense for an act or omission which causes an illegal drug to be present in the body of the newborn if the presence of the illegal drug in the body of the newborn is a direct and foreseeable consequence of the act or omission. The term “newborn” means an infant who is three days of age or younger. Unless the presence of the illegal drug caused death or serious injury to the newborn, the drug’s presence is considered to have caused bodily injury to the newborn. A child endangerment offense that causes bodily injury to a child is a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.