Present law generally authorizes certain facilities to receive possession of a newborn infant left on the facility premises, with a facility employee, or a member of the professional medical community, or in a newborn safety device. Present law defines "facility" as a hospital, a birthing center, a community health clinic, an out-patient walk-in clinic, a fire department that is staffed 24 hours a day, a law enforcement facility that is staffed twenty-four 24 hours a day, an emergency medical services facility, an emergency communications center, or a nursing home. This bill expands such definition to include an ambulance station that has staff scheduled 24 hours a day. Further, this bill clarifies that with regard to emergency communications centers, facilities, and nursing homes, such establishments need only have staff scheduled 24 hours a day, instead of being staffed 24 hours a day. IMMUNITY Present law provides that a facility, facility employee, and member of the professional medical community is generally immune from criminal or civil liability for damages as a result of actions taken pursuant to the procedure for surrendering custody of unwanted infants. However, present law provides that such facilities and individuals are still subject to an existing standard of care for medical treatment and any cause of action based upon a violation of such standard of care. This bill broadens the immunity provided to such facilities and individuals by removing the standard of care provision.

Statutes affected:
Introduced: 68-11-255(a)(2), 68-11-255, 68-11-255(a)(4)(C), 68-11-255(h)