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      CHC 1152     

  

Art. 1152. Designated emergency care facility, emergency medical service provider, fireman, and law enforcement officer responsibilities

            A. Every designated emergency care facility shall appoint as its representative one or more employees on duty during regular business hours who is knowledgeable about the requirements of this Chapter. In addition, at other times each facility shall designate a representative who can be reached by emergency telephone service or post instructions to contact "911" for a safe haven relinquishment if outside of normal operating hours.

            B. Every designated emergency care facility, emergency medical service provider, fire station, and law enforcement station shall provide, on a periodic basis, instruction regarding safe haven relinquishment procedures to all employees who work in the facility or at the station. No employee or volunteer of a designated emergency care facility or emergency medical service provider, and no firefighter or law enforcement officer shall be held liable for any civil penalty for failure to comply with the provisions of this Paragraph.            C. Instruction by a designated emergency care facility on safe haven relinquishment procedures may:

            (1) Be provided in any manner that is deemed appropriate and sufficient by the facility.

            (2) Vary depending on the type of facility and the job duties of the employees being trained.

            (3) Utilize the downloadable instructional video and training materials provided by the Department of Children and Family Services on the department's website.

            D. The department shall create a card that will be supplied to designated emergency care facilities, emergency medical service providers, firefighters, and law enforcement officers which shall be provided to the individual relinquishing an infant into the care of a designated emergency care facility. The card shall feature a toll-free number to the department and a section on the card for the designated emergency care facility, emergency medical service provider, firefighter, or law enforcement officer to provide their address and contact information.

            E. In the event that the relinquishing parent makes contact with the department, a designated emergency care facility, emergency medical service provider, firefighter, or law enforcement officer, the relinquishing parent shall be asked to voluntarily provide information about any prenatal care and the name of the other parent.

            F. The representative, emergency medical service provider, fireman, or law enforcement officer shall provide to the parent written information about:

            (1) How to contact the department should the parent later have questions about the relinquishment or the voluntary medical and genetic history information.

            (2) The availability of counseling services.

            (3) The right of the parent to file a claim and be heard in accordance with Articles 1156 and 1157.

            (4) The right of the parent to use the services of the voluntary registry in accordance with Chapter 15 of Title XII.

            G. In the event that an infant is relinquished to a designated emergency care facility other than a hospital, or to an emergency medical service provider, fireman, or law enforcement officer, the staff of the facility, the provider, the fireman, or the law enforcement officer shall immediately transfer him to a hospital.

            H. The representative, provider, fireman, or law enforcement officer shall immediately notify the department of the relinquishment.

            I. Absent evidence of willful or intentional misconduct or gross negligence in carrying out these responsibilities, the representative and other staff of the designated emergency care facility or emergency medical service provider, the firefighter, or the law enforcement officer shall be immune from civil and criminal liability in any legal action arising from the examination, testing, care, and treatment of the infant.

            Acts 2003, No. 609, §2; Acts 2010, No. 471, §1; Acts 2018, No. 134, §1.



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