2001 Minnesota Statutes

     626.5562 Toxicology tests required. 

    Subdivision 1.    Test; report.  A physician shall 
 administer a toxicology test to a pregnant woman under the 
 physician's care or to a woman under the physician's care within 
 eight hours after delivery to determine whether there is 
 evidence that she has ingested a controlled substance, if the 
 woman has obstetrical complications that are a medical 
 indication of possible use of a controlled substance for a 
 nonmedical purpose.  If the test results are positive, the 
 physician shall report the results under section 626.5561.  A 
 negative test result does not eliminate the obligation to report 
 under section 626.5561, if other evidence gives the physician 
 reason to believe the patient has used a controlled substance 
 for a nonmedical purpose. 

    Subd. 2.    Newborns.  A physician shall administer to 
 each newborn infant born under the physician's care a toxicology 
 test to determine whether there is evidence of prenatal exposure 
 to a controlled substance, if the physician has reason to 
 believe based on a medical assessment of the mother or the 
 infant that the mother used a controlled substance for a 
 nonmedical purpose during the pregnancy.  If the test results 
 are positive, the physician shall report the results as neglect 
 under section 626.556.  A negative test result does not 
 eliminate the obligation to report under section 626.556 if 
 other medical evidence of prenatal exposure to a controlled 
 substance is present. 

    Subd. 3.    Report to department of health.  Physicians 
 shall report to the department of health the results of tests 
 performed under subdivisions 1 and 2.  A report shall be made on 
 the certificate of live birth medical supplement or the report 
 of fetal death medical supplement filed on or after February 1, 
 1991.  The reports are medical data under section 13.384. 

    Subd. 4.    Immunity from liability.  Any physician or 
 other medical personnel administering a toxicology test to 
 determine the presence of a controlled substance in a pregnant 
 woman, in a woman within eight hours after delivery, or in a 
 child at birth or during the first month of life is immune from 
 civil or criminal liability arising from administration of the 
 test, if the physician ordering the test believes in good faith 
 that the test is required under this section and the test is 
 administered in accordance with an established protocol and 
 reasonable medical practice. 

    Subd. 5.    Reliability of tests.  A positive test 
 result reported under this section must be obtained from a 
 confirmatory test performed by a drug testing laboratory which 
 meets the requirements of section 181.953, and must be performed 
 according to the requirements for performance of confirmatory 
 tests imposed by the licensing, accreditation, or certification 
 program listed in section 181.953, subdivision 1, in which the 
 laboratory participates. 

    HIST: 1989 c 290 art 5 s 6; 1990 c 542 s 31-33; 1991 c 36 s 4; 
 1991 c 60 s 10; 1999 c 227 s 22