626.5561 REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.
Subdivision 1. Reports required.
A person mandated to report under section
, shall immediately report to the local welfare agency if the person knows or has
reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical
purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has
consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive. Any
person may make a voluntary report if the person knows or has reason to believe that a woman is
pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy,
including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during
the pregnancy in any way that is habitual or excessive. An oral report shall be made immediately
by telephone or otherwise. An oral report made by a person required to report shall be followed
within 72 hours, exclusive of weekends and holidays, by a report in writing to the local welfare
agency. Any report shall be of sufficient content to identify the pregnant woman, the nature and
extent of the use, if known, and the name and address of the reporter.
Subd. 2. Local welfare agency.
Upon receipt of a report required under subdivision 1, the
local welfare agency shall immediately conduct an appropriate assessment and offer services
indicated under the circumstances. Services offered may include, but are not limited to, a
referral for chemical dependency assessment, a referral for chemical dependency treatment if
recommended, and a referral for prenatal care. The local welfare agency may also take any
appropriate action under chapter 253B, including seeking an emergency admission under section
. The local welfare agency shall seek an emergency admission under section
the pregnant woman refuses recommended voluntary services or fails recommended treatment.
Subd. 3. Related provisions.
Reports under this section are governed by section
subdivisions 4, 4a, 5, 6, 8, and 11
Subd. 4. Controlled substances.
For purposes of this section and section
"controlled substance" means a controlled substance listed in section
253B.02, subdivision 2
Subd. 5. Immunity.
(a) A person making a voluntary or mandated report under subdivision 1
or assisting in an assessment under subdivision 2 is immune from any civil or criminal liability
that otherwise might result from the person's actions, if the person is acting in good faith.
(b) This subdivision does not provide immunity to any person for failure to make a required
report or for committing neglect, physical abuse, or sexual abuse of a child.
History: 1989 c 290 art 5 s 5; 1990 c 542 s 27-30; 2007 c 69 s 3,4