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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
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, 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.
History: 1998 c 361 s 2