HB 96 — Baby Drop-off Law; revise.

HB 96 (As PassedSent theto House)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representatives Bain, Miles, Anthony House Bill 96 (As PassedSent theto House)Governor) AN ACT TO AMEND SECTIONSECTIONS 43-15-201 AND 43-15-207, MISSISSIPPI CODE OF 1972, TO REVISE THECERTAIN DEFINITIONDEFINITIONS OF "EMERGENCY MEDICAL SERVICES PROVIDER" AS THE TERM IS USED UNDER THE BABY DROP-OFF LAWLAW; TO INCLUDE FIRE STATIONS AND MOBILE AMBULANCES THAT ARE STAFFED WITH FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS OR PARAMEDICS;

     SECTION 1.  Section 43-15-207,43-15-201, Mississippi Code of 1972, is amended as follows:

     43-15-207. 43-15-201.  For(1)  theAn purposesemergency medical services provider, without a court order, shall take possession of thisa article, * * *anchild who is * * *seventy‑two (72) hours seven (7) days old or younger if the termchild "emergencyis medicalvoluntarily servicesdelivered provider" * * *shallto means: the (a)provider aby licensedthe hospital,child's asparent definedand inthe Sectionparent 41-9-3,did whichnot operatesexpress an emergencyintent department * * *to or;return for the child.

(b)     an(2)  adoptionThe agencyparent dulywho licensedsurrenders bythe baby shall not be required to provide any information pertaining to his or her identity, nor shall the Departmentemergency medical services provider inquire as to same.  If the identity of Humanthe Services;parent is known to the emergency medical services provider, the emergency medical services provider shall keep the identity confidential.

or     (c)(3)  aA firefemale stationpresenting orherself mobileto ambulancea thathospital isthrough staffedthe withemergency full-timeroom firefighters,or emergencyotherwise, medicalwho techniciansis orsubsequently paramedics. admitted Anfor emergencypurposes medicalof serviceslabor providerand delivery, does not includegive up the offices,legal clinics,protections surgeries or treatmentanonymity facilitiesguaranteed under this section.  If the mother clearly expresses a desire to voluntarily surrender custody of privatethe physiciansnewborn orafter dentists. birth, Nothe individualemergency licensedmedical healthcareservices provider,provider includingcan physicians,take dentists,possession nurses,of physicianthe assistantschild, orwithout otherfurther healthaction professionalsby shallthe bemother, deemedas toif bethe anchild had been presented to the emergency medical services provider underin thisthe articlesame unlessmanner suchoutlined individualabove voluntarilyin assumessubsection responsibility(1) for the custody of thethis child.section.

              SECTION(a)  2. If Thisthe actmother shallexpresses takea effectdesire andto remain anonymous, identifying information may be inobtained forcefor frompurposes of securing payment of labor and afterdelivery Julycosts 1,only.  2020.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 * * *or, 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, 2020.