LA Chil Code art. 1152 (2021)
2021 Louisiana Laws|Children's Code|Art. 1152. Designated emergency care facility, emergency medical service provider, firefighter, and law enforcement officer responsibilities; newborn safety devices authorized

  A.(1) 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.  (2)(a) A designated emergency care facility that is a hospital licensed in accordance with the Hospital Licensing Law, R.S. 40:2100 et seq., which has an emergency department that is staffed twenty-four hours per day may install on its premises a newborn safety device in accordance with the requirements and specifications of Article 1151(A).  (b) A designated emergency care facility that installs a newborn safety device as authorized by this Subparagraph shall be responsible for the cost of the installation.  (c) Each designated emergency care facility that installs a newborn safety device as authorized by this Subparagraph shall install an adequate dual alarm system connected to the physical location of the newborn safety device. The facility shall ensure all of the following with respect to the alarm system:  (i) The system generates an audible alarm at a central location within the facility sixty seconds after the opening of the access door to the newborn safety device.  (ii) The system generates an automatic call to 911 if the alarm is activated and not turned off from within the facility less than sixty seconds after the commencement of the initial alarm.  (iii) The alarm system is tested at least one time per week to ensure that it is in working order.  (iv) The alarm system is visually checked at least two times per day to ensure that it is in working order.  (d) Each designated emergency care facility that installs a newborn safety device as authorized by this Subparagraph shall ensure that the device is checked at least daily for debris and is cleaned and sanitized with a hospital-quality disinfectant at least weekly and after any newborn relinquishment into the device.  (e) Each designated emergency care facility that installs a newborn safety device as authorized by this Subparagraph shall maintain documentation of the testing of the alarm system required by Subsubparagraph (c) of this Subparagraph and the cleaning and sanitation of the device required by Subsubparagraph (d) of this Subparagraph.  (f) Each designated emergency care facility that installs a newborn safety device as authorized by this Subparagraph shall install adjacent to the device a card holder and shall keep the card holder stocked with safe haven informational cards supplied by the department pursuant to Paragraph D of this Article and other safe haven informational materials produced in accordance with Article 1160.  (g) Each designated emergency care facility that installs a newborn safety device as authorized by this Subparagraph shall adopt written policies for receiving, in accordance with the applicable requirements of this Chapter and applicable licensing rules, a newborn who has been relinquished into the newborn safety device.  (3) The Louisiana Department of Health may promulgate hospital licensing rules, in accordance with the Administrative Procedure Act, regarding newborn safety devices installed in hospitals. Such rules shall require compliance with the provisions of this Chapter and may include but not be limited to adequate alarms, testing, cleaning, documentation, policies, procedures, and training of staff.  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, subject to any applicable healthcare facility licensing requirements.  (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, firefighter, 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, firefighter, or law enforcement officer, the staff of the facility, the provider, the firefighter, or the law enforcement officer shall immediately transfer the infant to a hospital.  H. The representative, provider, firefighter, 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; Acts 2021, No. 421, §1.