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Indiana

FASD State Coordinator (NAFSC Member)

Eden M. Bezy, M.P.H.
Substance Use Specialist
Indiana State Department of Health
Maternal and Child Health
2 North Meridian
Indianapolis, IN 46204
Phone: 317-234-3379
Fax: 317-233-7001
E-mail: EBezy@isdh.in.gov

Legislative Information:

Bill Number Category Introduced Description Status

HB1447 Exit Disclaimer Graphic

Treatment

2011

Establishes a maternal and newborn drug screening protocol to standardize testing of: (1) maternal patients for drug use during pregnancy; and (2) drug impaired newborns. Establishes the purposes of the drug screening protocol. Lists factors for a physician to consider in deciding whether to order maternal or newborn drug testing. Specifies that no single indicator justifies maternal or newborn drug testing and that the decision to order the testing must be based on the physician's best medical judgment after considering the totality of the circumstances. Requires the department of child services to do the following: (1) Develop procedures for child abuse and neglect investigations involving drug impaired fetuses and newborns. (2) Implement a plan to establish response teams for drug impaired fetuses and newborns throughout Indiana. Provides that whenever a child abuse or neglect case involves a drug impaired fetus or newborn, the county office of family and children shall require the mother of the fetus or newborn to participate in a substance abuse treatment plan. Requires the response team for drug impaired infants to meet on a regular basis to: (1) review the status of the treatment plan and the progress of the family; and (2) recommend changes, if any. Requires the county office of family and children to file a child in need of services petition if the mother refuses to voluntarily cooperate with the treatment plan.

1/18/11: First reading; referred to Committee on Family, Children and Human Affairs.

SB0245 Exit Disclaimer Graphic

Prevention

2011

SECTION 2. IC 16-41-16.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
Chapter 16.5. Prevention and Treatment Programs: Prenatal Substance Abuse Commission -
Sec. 2. The prenatal substance abuse commission is established to develop and recommend a coordinated plan to improve early intervention and treatment for pregnant women who abuse alcohol or drugs or use tobacco.

1/24/11: Read second time, amended, ordered engrossed.

HB1557 Exit Disclaimer Graphic

Treatment

2011

Establishes a rebuttable presumption that a child is a child in need of services (CHINS) if the child is born with fetal alcohol syndrome or born with any amount of a controlled substance or legend drug in the child's body. Establishes a rebuttable presumption that a child is a CHINS if the child has an injury, has an abnormal physical or psychological development, or is at a substantial risk of a life threatening condition due to the mother's use of alcohol, controlled substances, or legend drugs during pregnancy.

1/20/11: First reading; referred to Committee on Family, Children and Human Affairs.

HB1188 Exit Disclaimer Graphic PDF icon

Requirements for Professionals

2011

Duty to report child abuse or neglect governing criminal law and procedure. Defines "victim of child abuse or neglect" for purposes of the duty to report child abuse. "victim of child abuse or neglect" defined as (1) a child whose physical or mental condition is seriously impaired or seriously endangered as a result, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision; (i.e. a child born with fetal alcohol syndrome)

1/10/11: First reading; referred to Committee on Family, Children and Human Affairs.

HB1281 Exit Disclaimer Graphic PDF icon

Funding

2010

Establishes the fetal alcohol syndrome fund to promote programs for the education and research, prevention and control, diagnosis, and treatment of fetal alcohol syndrome. Provides that the fetal alcohol syndrome fund is administered by the division of mental health and addiction. Allocates certain alcohol excise taxes to the fetal alcohol syndrome fund.

1/12/10: Referred to Committee on Public Policy.

HB 1115 Exit Disclaimer Graphic PDF icon

Requirements for Professionals

2009

Requires the Department of Child Services (DCS) to notify the appropriate prosecuting attorney concerning the birth of a child who is born with fetal alcohol syndrome or with a controlled substance or legend drug in the child's body.

1/8/09: First reading; referred to Committee on Rules and Legislative Procedures.

HB1454, amended into HB1457 Exit Disclaimer Graphic

Prevention

2007

Establishes the prenatal substance use prevention program within the state department of health to help prevent poor birth outcomes by helping to decrease or eliminate the use of alcohol, tobacco, and other drugs during pregnancy.

5/8/07: Signed by the Governor, effective date of law immediate.

HB1314 Exit Disclaimer Graphic PDF icon

Treatment

2006

Section 1. (a) As used in this Section, "department" refers to the state department of health established by IC 16-19-1-1. (b) The department shall conduct a study of: (1) drug abuse; (2) alcohol abuse; and (3) use of tobacco; by women during pregnancy. (c) The study required by subsection (b) must include the following: (1) The scope of the use of drugs, alcohol, and tobacco. (2) Programs that are available to assist women who: (a) suffer from drug or alcohol abuse; or (B) use tobacco; during pregnancy. (3) Identification of gaps in services for pregnant women who use drugs, alcohol, or tobacco. (d) The department shall prepare a report on the study required by subsection (b). The report must include recommendations for providing programs to fill gaps in services identified under subsection (c). (e) The department shall submit the report to the: (1) legislative council; and (2) health finance commission; before October 1, 2006.

3/17/06: Signed by the Governor, effective date of law immediate.

Senate Enrolled Act No.188 Exit Disclaimer Graphic

Requirements for Professionals

2004

Section 6. IC 16-38-4-8, as amended by p.l.11-2002, section 1, is amended to read as follows (effective July 1, 2004): Sec. 8. (a) The state department shall establish a birth problems registry for the purpose of recording all cases of birth problems that occur in Indiana residents and compiling necessary and appropriate information concerning those cases, as determined by the state department, in order to:...(2) inform the parents of children with birth problems:...(B) if a birth problem is diagnosed during a physician or hospital visit that occurs before the child is:...(II) five (5) years of age at the time of diagnosis if the disorder is a pervasive developmental disorder or a fetal alcohol spectrum disorder;...(b) The state department shall record in the birth problems registry:...(2) any additional information that may be provided by an individual or entity described in section 7(a)(2) of this chapter concerning a birth problem that is:...(B) recognized:...(ii) before the child is five (5) years of age if the child is diagnosed with a pervasive developmental disorder or a fetal alcohol spectrum disorder;

3/16/04: Signed by the Governor, effective date of law 7/1/04.