HF 1295

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; expanding the definition of chemically dependent
person; amending Minnesota Statutes 2006, sections 253B.02, subdivision
2; 626.5561, subdivisions 1, 2; repealing Minnesota Statutes 2006, section
626.5563.

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

Section 1.

Minnesota Statutes 2006, section 253B.02, subdivision 2, is amended to read:

Subd. 2.

Chemically dependent person.

"Chemically dependent person" means
any person (a) determined as being incapable of self-management or management of
personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other
mind-altering substances; and (b) whose recent conduct as a result of habitual and
excessive use of alcohol, drugs, or other mind-altering substances poses a substantial
likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or
threat to physically harm self or others, (ii) evidence of recent serious physical problems,
or (iii) a failure to obtain necessary food, clothing, shelter, or medical care. "Chemically
dependent person" also means a pregnant woman who has engaged during the pregnancy
in habitual or excessive use, for a nonmedical purpose, of any of the following deleted text begin controlled deleted text end
substances or their derivatives: opium, cocaine, heroin, phencyclidine, methamphetamine,
deleted text begin or deleted text end amphetamine new text begin , tetrahydrocannabinol, or alcohol new text end .

Sec. 2.

Minnesota Statutes 2006, section 626.5561, subdivision 1, is amended to read:

Subdivision 1.

Reports required.

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 new text begin , including, but not limited
to, tetrahydrocannabinol, or has consumed alcoholic beverages during such pregnancy
in any way that is habitual or excessive new text end . 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 new text begin , including, but not limited to,
tetrahydrocannabinol, or has consumed alcoholic beverages during such pregnancy in any
way that is habitual or excessive new text end . 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.

Sec. 3.

Minnesota Statutes 2006, section 626.5561, subdivision 2, is amended to read:

Subd. 2.

Local welfare agency.

deleted text begin If the report alleges a pregnant woman's use
of a controlled substance for a nonmedical purpose deleted text end new text begin Upon receipt of a report required
under subdivision 1 new text end , the local welfare agency shall immediately conduct an appropriate
assessment and offer services indicated under the circumstances. Services offered may
include, but are not limited to, a referral for chemical dependency assessment, a referral
for chemical dependency treatment if recommended, and a referral for prenatal care. The
local welfare agency may also take any appropriate action under chapter 253B, including
seeking an emergency admission under section 253B.05. The local welfare agency shall
seek an emergency admission under section 253B.05 if the pregnant woman refuses
recommended voluntary services or fails recommended treatment.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 626.5563, new text end new text begin is repealed.
new text end