SF 3430

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to child protection; including opium in the list of controlled substances
used during pregnancy for purposes of civil commitment and child maltreatment
reporting; amending Minnesota Statutes 2004, section 253B.02, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, 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 controlled
substances or their derivatives: new text begin opium, new text end cocaine, heroin, phencyclidine, methamphetamine,
or amphetamine.