US Laws, Codes, Statutes & Cases

     626.5561 Reporting of prenatal exposure to controlled 
  substances. 

    Subdivision 1.    Reports required.  A person mandated 
 to report under section 626.556, subdivision 3, 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.  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.  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.  If the report alleges 
 a pregnant woman's use of a controlled substance for a 
 nonmedical purpose, 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 253B.05.  The local 
 welfare agency shall seek an emergency admission under section 
 253B.05 if the pregnant woman refuses recommended voluntary 
 services or fails recommended treatment.  

    Subd. 3.    Related provisions.  Reports under this 
 section are governed by section 626.556, subdivisions 4, 4a, 5, 
 6, 8, and 11.  

    Subd. 4.    Controlled substances.  For purposes of this 
 section and section 626.5562, "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. 

    HIST: 1989 c 290 art 5 s 5; 1990 c 542 s 27-30 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.