HF 3184

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing for voluntary reporting 
  1.3             of alcohol abuse by a pregnant woman; requiring a 
  1.4             report; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 626. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [626.5563] [REPORTING PRENATAL EXPOSURE TO 
  1.8   ALCOHOL ABUSE.] 
  1.9      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.10  "abuse of alcohol" means: 
  1.11     (1) the person has required detoxification for alcohol 
  1.12  intoxication during the pregnancy; or 
  1.13     (2) the person is found to be an alcohol abuser through use 
  1.14  of a validated chemical use assessment conducted according to 
  1.15  rules adopted by the commissioner of human services under 
  1.16  section 254A.03, subdivision 3. 
  1.17     Subd. 2.  [REPORT PERMITTED.] (a) If a person mandated to 
  1.18  report under section 626.556, subdivision 3, knows or has reason 
  1.19  to believe that a woman is pregnant and has knowingly abused 
  1.20  alcohol during the pregnancy, the person may:  
  1.21     (1) arrange for a chemical use assessment conducted 
  1.22  according to rules adopted by the commissioner of human services 
  1.23  under section 254A.03, subdivision 3, and confirm that the 
  1.24  recommendations indicated by the assessment are followed; or 
  1.25     (2) immediately report to the local welfare agency or 
  2.1   maternal child substance abuse project.  
  2.2      (b) If the woman is referred for a chemical use assessment 
  2.3   under paragraph (a), clause (1), and fails to obtain one or 
  2.4   fails to follow the recommendations of the assessment, a report 
  2.5   must be made to the local welfare agency or maternal child 
  2.6   substance abuse project providing services to the area where the 
  2.7   woman resides.  
  2.8      (c) Any adult household member may make a voluntary report 
  2.9   if the person knows or has reason to believe that the woman is 
  2.10  pregnant and has abused alcohol during the pregnancy.  
  2.11     (d) A report shall be of sufficient content to identify the 
  2.12  pregnant woman, the nature and extent of the abuse of alcohol, 
  2.13  any health risk associated with the abuse of alcohol, if known, 
  2.14  and the name and address of the reporter. 
  2.15     Subd. 3.  [LOCAL WELFARE AGENCY.] (a) A local welfare 
  2.16  agency receiving a report under subdivision 2 shall, within five 
  2.17  working days, conduct an appropriate assessment and offer 
  2.18  services indicated under the circumstances.  The local welfare 
  2.19  agency may meet this requirement by referral to a local maternal 
  2.20  child substance abuse project.  
  2.21     (b) Services offered must include a chemical use assessment 
  2.22  conducted according to rules adopted by the commissioner of 
  2.23  human services under section 254A.03, subdivision 3.  If the 
  2.24  chemical use assessment indicates that the woman is in need of 
  2.25  chemical dependency treatment, the local welfare agency must 
  2.26  arrange for provision of the indicated level of chemical 
  2.27  dependency care.  
  2.28     (c) If the woman fails to follow the recommendations of the 
  2.29  chemical use assessment or is found by a maternal child 
  2.30  substance abuse project to be continuing the abuse of alcohol, 
  2.31  the noncompliance must be reported to the local welfare agency.  
  2.32     Subd. 4.  [IMMUNITY.] A person making a report under 
  2.33  subdivision 2 or assisting in an assessment under subdivision 3 
  2.34  is immune from civil or criminal liability if the person acted 
  2.35  in good faith in making the report.  If a person mandated to 
  2.36  report under section 626.556, subdivision 3, does not make a 
  3.1   report under subdivision 2, the person is not subject to the 
  3.2   penalties of section 626.556, subdivision 6, for failure to 
  3.3   report.  No cause of action may be brought against a person for 
  3.4   not making a report under subdivision 2. 
  3.5      Sec. 2.  [REPORT REQUIRED.] 
  3.6      The commissioner of human services shall evaluate the 
  3.7   impact of the changes in the reporting provisions in section 1 
  3.8   and submit a report to the legislature by February 1, 2001.  
  3.9   Local and state agencies shall provide information to the 
  3.10  commissioner for purposes of the report. 
  3.11     Sec. 3.  [EFFECTIVE DATE.] 
  3.12     Sections 1 and 2 are effective August 1, 1999.