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
. A negative test result does not eliminate the obligation
to report under section
, 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
. A negative test result does not eliminate the obligation to report under section
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
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
, 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.
History: 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