1.1 	A bill for an act
1.2 	relating to human services; expanding the definition of chemically dependent 
1.3 	person; amending Minnesota Statutes 2006, sections 253B.02, subdivision 
1.4 	2; 626.5561, subdivisions 1, 2; repealing Minnesota Statutes 2006, section 
1.5 	626.5563.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 253B.02, subdivision 2, is amended to read:
1.8 		Subd. 2.Chemically dependent person. "Chemically dependent person" means 
1.9 	any person (a) determined as being incapable of self-management or management of 
1.10 	personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other 
1.11 	mind-altering substances; and (b) whose recent conduct as a result of habitual and 
1.12 	excessive use of alcohol, drugs, or other mind-altering substances poses a substantial 
1.13 	likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or 
1.14 	threat to physically harm self or others, (ii) evidence of recent serious physical problems, 
1.15 	or (iii) a failure to obtain necessary food, clothing, shelter, or medical care. "Chemically 
1.16 	dependent person" also means a pregnant woman who has engaged during the pregnancy 
1.17 	in habitual or excessive use, for a nonmedical purpose, of any of the following ~~controlled~~
1.18 	substances or their derivatives: opium, cocaine, heroin, phencyclidine, methamphetamine, 
1.19 	~~or~~ amphetamine, tetrahydrocannabinol, or alcohol.

1.20 	Sec. 2. Minnesota Statutes 2006, section 626.5561, subdivision 1, is amended to read:
1.21 		Subdivision 1.Reports required. A person mandated to report under section 
1.22 	626.556, subdivision 3, shall immediately report to the local welfare agency if the person 
1.23 	knows or has reason to believe that a woman is pregnant and has used a controlled 
1.24 	substance for a nonmedical purpose during the pregnancy, including, but not limited 
2.1 	to, tetrahydrocannabinol, or has consumed alcoholic beverages during such pregnancy 
2.2 	in any way that is habitual or excessive. Any person may make a voluntary report if the 
2.3 	person knows or has reason to believe that a woman is pregnant and has used a controlled 
2.4 	substance for a nonmedical purpose during the pregnancy, including, but not limited to, 
2.5 	tetrahydrocannabinol, or has consumed alcoholic beverages during such pregnancy in any 
2.6 	way that is habitual or excessive. An oral report shall be made immediately by telephone 
2.7 	or otherwise. An oral report made by a person required to report shall be followed within 
2.8 	72 hours, exclusive of weekends and holidays, by a report in writing to the local welfare 
2.9 	agency. Any report shall be of sufficient content to identify the pregnant woman, the 
2.10 	nature and extent of the use, if known, and the name and address of the reporter. 

2.11 	Sec. 3. Minnesota Statutes 2006, section 626.5561, subdivision 2, is amended to read:
2.12 		Subd. 2.Local welfare agency. ~~If the report alleges a pregnant woman's use~~ 
2.13 	~~of a controlled substance for a nonmedical purpose~~ Upon receipt of a report required 
2.14 	under subdivision 1, the local welfare agency shall immediately conduct an appropriate 
2.15 	assessment and offer services indicated under the circumstances. Services offered may 
2.16 	include, but are not limited to, a referral for chemical dependency assessment, a referral 
2.17 	for chemical dependency treatment if recommended, and a referral for prenatal care. The 
2.18 	local welfare agency may also take any appropriate action under chapter 253B, including 
2.19 	seeking an emergency admission under section 253B.05. The local welfare agency shall 
2.20 	seek an emergency admission under section 253B.05 if the pregnant woman refuses 
2.21 	recommended voluntary services or fails recommended treatment. 

2.22 	Sec. 4.  REPEALER.
 2.23 	Minnesota Statutes 2006, section 626.5563, is repealed.