HF 1892

as introduced - 91st Legislature (2019 - 2020) Posted on 02/17/2020 04:47pm

A bill for an act
relating to child welfare; modifying requirements for reporting prenatal substance
use; amending Minnesota Statutes 2018, section 626.5561, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 626.5561, subdivision 1, is amended to read:

Subdivision 1.

Reports required.

(a) Except as provided in paragraph (b), a person
mandated to report under section 626.556, subdivision 3, shall immediately report to the
local welfare agency if the person knows or has reason to believe that a woman is pregnant
and has used a controlled substance for a nonmedical purpose during the pregnancy,
including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages
during the pregnancy in any way that is habitual or excessive.

(b) A health care professional or a social service professional who is mandated to report
under section 626.556, subdivision 3, is exempt from reporting under paragraph (a) deleted text begin a
woman's use or consumption of tetrahydrocannabinol or alcoholic beverages during
pregnancy deleted text end if the professional is providing the woman with prenatal care or other health care
services.

(c) Any person may make a voluntary report if the person knows or has reason to believe
that a woman is pregnant and has used a controlled substance for a nonmedical purpose
during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed
alcoholic beverages during the pregnancy in any way that is habitual or excessive.

(d) An oral report shall be made immediately by telephone or otherwise. An oral report
made by a person required to report shall be followed within 72 hours, exclusive of weekends
and holidays, by a report in writing to the local welfare agency. Any report shall be of
sufficient content to identify the pregnant woman, the nature and extent of the use, if known,
and the name and address of the reporter. The local welfare agency shall accept a report
made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the
reporter's name or address as long as the report is otherwise sufficient.

(e) For purposes of this section, "prenatal care" means the comprehensive package of
medical and psychological support provided throughout the pregnancy.