Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 361-H.F.No. 3184 
                  An act relating to health; providing for voluntary 
                  reporting of alcohol abuse by a pregnant woman; 
                  providing for assessments and services; amending 
                  Minnesota Statutes 1996, section 13.99, by adding a 
                  subdivision; proposing coding for new law in Minnesota 
                  Statutes, chapter 626. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 112a.  [REPORTS OF ALCOHOL ABUSE.] Data on persons 
        making reports under section 626.5563 are classified under 
        section 626.5563, subdivision 5. 
           Sec. 2.  [626.5563] [REPORTING PRENATAL EXPOSURE TO ALCOHOL 
        ABUSE.] 
           Subdivision 1.  [DEFINITION.] For purposes of this section, 
        "abuse of alcohol" means: 
           (1) the person has required detoxification for alcohol 
        intoxication during the pregnancy; or 
           (2) the person is found to have a possible alcohol problem 
        through the use of a validated alcohol screening test approved 
        by the commissioner of human services. 
           Subd. 2.  [REPORT PERMITTED.] (a) If a person mandated to 
        report under section 626.556, subdivision 3, knows or has reason 
        to believe that a woman is pregnant and has knowingly abused 
        alcohol after she knows of the pregnancy, the person may:  
           (1) arrange for a chemical use assessment conducted 
        according to rules adopted by the commissioner of human services 
        under section 254A.03, subdivision 3, and confirm that the 
        recommendations indicated by the assessment are followed; or 
           (2) immediately report to the local welfare agency or 
        maternal child substance abuse project.  
           (b) If the woman is referred for a chemical use assessment 
        under paragraph (a), clause (1), and fails to obtain an 
        assessment or refuses to comply with the recommendations of the 
        assessment, a report must be made to the local welfare agency or 
        maternal child substance abuse project providing services to the 
        area where the woman resides.  
           (c) Any adult household member may make a voluntary report 
        if the person knows or has reason to believe that a woman in the 
        household is pregnant and has abused alcohol during the 
        pregnancy.  
           (d) A report shall be of sufficient content to identify the 
        pregnant woman, the nature and extent of the abuse of alcohol, 
        any health risk associated with the abuse of alcohol, if known, 
        and the name and address of the reporter. 
           Subd. 3.  [LOCAL WELFARE AGENCY.] (a) A local welfare 
        agency receiving a report under subdivision 2 shall, within five 
        working days, conduct an appropriate assessment and offer 
        services indicated under the circumstances.  The local welfare 
        agency may meet this requirement by referral to a local maternal 
        child substance abuse project.  
           (b) Services offered must include a chemical use assessment 
        conducted according to rules adopted by the commissioner of 
        human services under section 254A.03, subdivision 3.  If the 
        chemical use assessment indicates that the woman is in need of 
        chemical dependency treatment, the local welfare agency must 
        arrange for provision of the indicated level of chemical 
        dependency care.  
           (c) If the woman refuses to comply with the recommendations 
        of the chemical use assessment or is found by a maternal child 
        substance abuse project to be continuing the abuse of alcohol, 
        the noncompliance must be reported to the local welfare agency.  
        The local welfare agency shall report the disposition of all 
        cases of noncompliance to the commissioner of human services. 
           Subd. 4.  [IMMUNITY.] A person making a report under 
        subdivision 2 or assisting in an assessment under subdivision 3 
        is immune from civil or criminal liability if the person acted 
        in good faith in making the report.  If a person mandated to 
        report under section 626.556, subdivision 3, does not make a 
        report under subdivision 2, that person is not subject to the 
        penalties of section 626.556, subdivision 6, for failure to 
        report.  No civil, criminal, or administrative proceeding may be 
        instituted against a person for not making a report under 
        subdivision 2. 
           Subd. 5.  [DATA ON REPORTERS.] Data on persons making 
        reports under this section are confidential data on individuals 
        as defined in section 13.02. 
           Sec. 3.  [REPORT REQUIRED.] 
           The commissioner of human services shall evaluate the 
        impact of the changes in the reporting provisions in section 2 
        and submit a report to the legislature by February 1, 2001.  For 
        purposes of this evaluation, local welfare agencies and maternal 
        child substance abuse projects shall provide summary data to the 
        commissioner on the number of reports and referrals that they 
        receive, the number of women who receive or refuse services, and 
        the disposition of cases of women who refuse services. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 2 and 3 are effective August 1, 1999. 
           Presented to the governor April 3, 1998 
           Signed by the governor April 6, 1998, 1:40 p.m.