A. All persons covered by the provisions of R.S. 40:1085.2 shall routinely apply or be reasonably certain that others have already applied any prophylactic which the department directs for the prevention of ophthalmia neonatorum, whether or not ophthalmia neonatorum is indicated, and to do so in the manner that the department directs. The provisions of this Section shall be inoperative in those instances where: (1) There are no indications of the existence of ophthalmia neonatorum; and (2) The mother states in writing that she objects to the application of such prophylactic on religious grounds. B. Liability arising from the lack of use of the approved prophylactic shall not attach to any person or institution who, on the written instruction of the mother, withholds the application of the approved prophylactic.
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