Bill Text: MS SB2462 | 2019 | Regular Session | Engrossed
Bill Title: Baby Drop-off Law; revise certain definitions.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Failed) 2019-03-05 - Died In Committee [SB2462 Detail]
Download: Mississippi-2019-SB2462-Engrossed.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Public Health and Welfare
By: Senator(s) Hill, Michel, Harkins, DeBar, Carter
Senate Bill 2462
(As Passed the Senate)
AN ACT TO AMEND SECTIONS 43-15-201 AND 43-15-207, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS UNDER THE BABY DROP-OFF LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-15-201, Mississippi Code of 1972, is amended as follows:
43-15-201. (1) An
emergency medical services provider, without a court order, shall take
possession of a child who is * * * seven (7) days
old or younger if the child is voluntarily delivered to the provider by the
child's parent and the parent did not express an intent to return for the
child.
(2) The parent who surrenders the baby shall not be required to provide any information pertaining to his or her identity, nor shall the emergency medical services provider inquire as to same. If the identity of the parent is known to the emergency medical services provider, the emergency medical services provider shall keep the identity confidential.
(3) A female presenting herself to a hospital through the emergency room or otherwise, who is subsequently admitted for purposes of labor and delivery, does not give up the legal protections or anonymity guaranteed under this section. If the mother clearly expresses a desire to voluntarily surrender custody of the newborn after birth, the emergency medical services provider can take possession of the child, without further action by the mother, as if the child had been presented to the emergency medical services provider in the same manner outlined above in subsection (1) of this section.
(a) If the mother expresses a desire to remain anonymous, identifying information may be obtained for purposes of securing payment of labor and delivery costs only. If the birth mother is a minor, the hospital may use the identifying information to secure payment through Medicaid, but shall not notify the minor's parent or guardian without the minor's consent.
(b) The identity of the birth mother shall not be placed on the birth certificate or disclosed to the Department of Human Services.
(4) There is a presumption that by relinquishing a child in accordance with this section, the parent consents to the termination of his or her parental rights with respect to the child. As such, the parent waives the right to notification required by subsequent court proceedings.
(5) An emergency medical services provider who takes possession of a child under this section shall perform any act necessary to protect the physical health or safety of the child.
SECTION 2. Section 43-15-207, Mississippi Code of 1972, is amended as follows:
43-15-207. For the purposes
of this article, an emergency medical services provider shall mean a licensed
hospital, as defined in Section 41-9-3, which operates an emergency department * * *, an adoption agency duly licensed by
the Department of Human Services, or fire station or mobile ambulance
staffed with full-time firefighters, emergency medical technicians or
paramedics. An emergency medical services provider does not include the
offices, clinics, surgeries or treatment facilities of private physicians or
dentists. No individual licensed healthcare provider, including physicians,
dentists, nurses, physician assistants or other health professionals shall be
deemed to be an emergency medical services provider under this article unless
such individual voluntarily assumes responsibility for the custody of the
child.
SECTION 3. This act shall take effect and be in force from and after July 1, 2019.
