§ 35-2-1401 — Definitions; plans of safe care; requirements

(a) As used in this article:
(i) "Early intervention and education program" means
a program that provides services for infants and children with
developmental delays and disabilities;
(ii) "Patient care team" means a team of health care
providers, including one (1) or more licensed health care
providers, who provide medical care services to a patient;
(iii) "Plan of safe care" means a plan designed to
ensure the safety and wellbeing of an infant with prenatal
substance use exposure following the infant's release from the
care of a health care provider by addressing the health and
substance use treatment needs of the infant and the affected
family or caregiver.
(b) When an infant is born with and identified, or
identified prenatally, as being affected by substance abuse or
withdrawal symptoms resulting from prenatal drug or alcohol
exposure, a member of a patient care team shall develop a plan
of safe care, in cooperation with the infant's parents, families
or guardians and with a priority of keeping the infant in the
home as the safety and wellbeing of the infant allows in order
to:
(i) Ensure the safety and wellbeing of the infant;
(ii) Address the health and substance use treatment
needs of the infant and affected family members or caregivers;
and
(iii) Ensure that appropriate referrals are made for
the infant and affected family members or caregivers upon
discharge from the hospital or other health care provider,
including a referral to a local early intervention and education
program.
(c) The plan of safe care shall take into account whether
the infant's prenatal drug exposure occurred as a result of
medication assisted treatment or medication prescribed for the
mother by a healthcare provider, and whether the infant's mother
is or will be actively engaged in ongoing substance use disorder
treatment that would mitigate the future risk of harm to the
infant following discharge.
(d) If applicable, a copy of the plan of safe care shall
be provided to the appropriate community partners involved in
the infant's future care and included in the instructions for
the infant upon discharge from the hospital or other health care
provider.
(e) The patient care team shall report the total number of
infants and families for whom a plan of safe care has been
developed to the department of family services pursuant to the
Comprehensive Addiction and Recovery Act of 2016, P.L. No. 114-
198.
(f) A plan of safe care shall contain a termination date
not to exceed one (1) year after the plan of safe care is
initiated. The patient care team and the parents, families or
guardians may initiate subsequent plans of safe care after the
termination of the initial plan of safe care under this
subsection.