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 fro

MISSOURI STATUTES AND CODES

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 fro

Children exposed to substance abuse, referral by physician todepartment of health and senior services--services to be initiatedwithin seventy-two hours--physician making referral immunefrom civil liability--confidentiality of report.

191.737. 1. Notwithstanding the physician-patient privilege, anyphysician or health care provider may refer to the department of health andsenior services families in which children may have been exposed to acontrolled substance listed in section 195.017, RSMo, schedules I, II and III,or alcohol as evidenced by:

(1) Medical documentation of signs and symptoms consistent withcontrolled substances or alcohol exposure in the child at birth; or

(2) Results of a confirmed toxicology test for controlled substancesperformed at birth on the mother or the child; and

(3) A written assessment made or approved by a physician, health careprovider, or by the division of family services which documents the child asbeing at risk of abuse or neglect.

2. Nothing in this section shall preclude a physician or other mandatedreporter from reporting abuse or neglect of a child as required pursuant tothe provisions of section 210.115, RSMo.

3. Upon notification pursuant to subsection 1 of this section, thedepartment of health and senior services shall offer service coordinationservices to the family. The department of health and senior services shallcoordinate social services, health care, mental health services, and needededucation and rehabilitation services. Service coordination services shall beinitiated within seventy-two hours of notification. The department of healthand senior services shall notify the department of social services and thedepartment of mental health within seventy-two hours of initial notification.

4. Any physician or health care provider complying with the provisionsof this section, in good faith, shall have immunity from any civil liabilitythat might otherwise result by reason of such actions.

5. Referral and associated documentation provided for in this sectionshall be confidential and shall not be used in any criminal prosecution.