BABY DOUGLAS BILL IS LAW
Nov 17, 2004
Posted By: Bruce Mildwurf
(Mobile, Ala.) November 17 - The Baby Douglas Bill - designed to protect
children in daycare is now an Alabama law.
The governor signed the bill six months ago but it did not go on the books
until now, more than two years after baby Douglas died.
Douglas Hernandez would have been exactly 2 years and 5-months old on
Wednesday. His life though was tragically cut short when he was 10 weeks
old after being given unauthorized medication at his daycare. But now
his name and memory will live on forever.
"It's a legacy for my son he didn't die in vain and this
law will protect other infants." said Douglas' dad Robert Hernandez.
The Baby Douglas Bill, now a law makes it a felony to give medication
at a child care facility with the intent to drug the child or alter the
child's behavior, beyond what is medically prescribed. The term medically
prescribed is interesting in that if you check a medicine bottle label
specifically for children or infants it says for children under the age
of 2 ask a doctor and sometimes that's even the case for children
under the age of 6.
"That if they didn't have an age appropriate dose on the bottle
and something happens then they're going to jail." said Douglas'
mother Mary Hernandez. She added, "You can have your physician write
a prescription of an over the counter medication to give the proper dose
for your child and provide that to your daycare provider."
Robert said, "It's important we made something positive out of
something so difficult and horrible for my family."
What the baby douglas bill says is that if a child dies at a daycare facility
because someone who works there illegally gave the child medication the
sentence, if found guilty is 20 years to life in prison.
The Alabama State Legislature unanimously passed the Baby Douglas Bill.