SENATE BILL 548

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Timothy Z. Jennings

AN ACT

RELATING TO HEALTH; PROVIDING PROCEDURES TO INITIATE THE PROVISION OF CONTRACEPTIVE MEDICATION TO WOMEN WHO GIVE BIRTH TO A DRUG- OR ALCOHOL-ADDICTED BABY FOR A SECOND TIME.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. BIRTH OF DRUG- AND ALCOHOL-ADDICTED BABIES--PROCEDURES FOR PROVISION OF CONTRACEPTIVE MEDICATION--REMOVAL OF COURT ORDER--COSTS.--

          A. The department of health shall design and implement procedures for the purpose of identifying women who give birth to drug- or alcohol-addicted babies.

          B. When a woman gives birth to a drug- or alcohol-addicted baby for a second time, the department of health shall petition the district court for the judicial district in which the woman gave birth for an order to initiate the provision of contraceptive medication to the woman as prescribed by a physician for the woman. The department shall provide the woman with notice of the time and place of the hearing to determine whether to initiate the provision of contraceptive medication for her. During the hearing, the district court may take testimony from the woman, the other parent of the drug- or alcohol-addicted baby, a representative of the department and any other individuals deemed necessary by the court. At the conclusion of the hearing, the district court shall decide the issue of whether to initiate the provision of contraceptive medication for the woman and issue an appropriate order based upon the court's decision.

          C. The woman required to initiate contraceptive medication may petition the district court for removal of the court order; provided that the woman has remained drug- and alcohol-free for a period of no less than one year.

          D. The cost of providing the contraceptive medication ordered pursuant to the provisions of this section shall be paid for by the department of health.

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