Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2232
(Senators Meyer, Lee, Roers)
(Representatives Dobervich, O'Brien, Stemen)
AN ACT to create and enact a new section to chapter 50-25.1 of the North Dakota Century Code,
relating to an exemption for postpartum exposure to controlled substances and alcohol; to
amend and reenact sections 50-25.1-16 and 50-25.1-17 of the North Dakota Century Code,
relating to reporting requirements for prenatal exposure to controlled substances and alcohol
abuse and toxicology test requirements; and to repeal section 50-25.1-18 of the North Dakota
Century Code, relating to reporting requirements for prenatal exposure to alcohol misuse.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 50-25.1-16 of the North Dakota Century Code is amended and
reenacted as follows:
50-25.1-16. Prenatal exposure to controlled substances or alcohol misuse - Reporting
requirements.
1.AnExcept as provided for under subsection 2, an individual required to report under section
50-25.1-03 who has knowledge of or reasonable cause to suspect that a woman is pregnant
and has used aengaged in the abuse of a controlled substance for a nonmedical purposeor
alcohol misuse during the pregnancy shall report the circumstances to the department or
authorized agent if the knowledge or suspicion is derived from information received by that
individual in that individual's official or professional capacity.
2.An individual required to report under section 50 - 25.1 - 03 is exempt from reporting under
subsection 1 if the individual is providing or collaborating with other professionals to provide
the woman with prenatal or substance abuse services, including voluntary entrance into a
licensed treatment program. If the woman discontinues regular prenatal care, fails to follow
treatment recommendations, or continues to engage in the abuse of a controlled substance or
alcohol misuse, the individual shall report in accordance with subsection 1.
3.Any individual may make a voluntary report if the individual has knowledge of or reasonable
cause to suspect that a woman is pregnant and has used aengaged in the abuse of a
controlled substance for a nonmedical purposeor alcohol misuse during the pregnancy.
34.If a report alleges a pregnant woman's useabuse of a controlled substance for a nonmedical
purposeor alcohol misuse, the department or authorized agent immediately shall initiate an
appropriate assessment that must include a referral for assessment of the presence of a
substance use disorder with expectation to follow any treatment recommendations, and a
referral for prenatal care. The department or authorized agent may also take any appropriate
action under chapter 25-03.1.
4.A report and assessment under this section is not required if the pregnant woman voluntarily
enters treatment in a licensed treatment program. If the pregnant woman does not complete
voluntary treatment, continues to use controlled substances for a nonmedical purpose, or fails
to follow treatment recommendations, an individual required to report under section
50-25.1-03 who has knowledge of the failure to complete voluntary treatment, continued use
of controlled substance for nonmedical purpose, or failure to follow treatment
recommendations shall make a report as required by this section. S. B. NO. 2232 - PAGE 2
5.A report under this section must be made as described in section 50-25.1-04 and must be
sufficient to identify the woman, the nature and extent of use, if known, and the name and
address of the individual making the report.
SECTION 2. AMENDMENT. Section 50-25.1-17 of the North Dakota Century Code is amended and
reenacted as follows:
50-25.1-17. Toxicology testing - Requirements.
1.If the woman has obstetrical complications that are a medical indication of possible use of a
controlled substance for a nonmedical purpose or alcohol misuse, upon the consent of the
pregnant woman, or without consent if a specimen is otherwise available, a physician
shallmay 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 or alcohol. If the test results are
positive, the physician shallmay report the results under section 50-25.1-03.1. A negative test
result or the pregnant woman's refusal to consent to a test does not eliminate the obligation to
report under section 50-25.1-03 if other evidence gives the physician reason to believe the
patient has used a controlled substance for a nonmedical purpose or has engaged in alcohol
misuse.
2.If a 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 or engaged in
alcohol misuse during the pregnancy, the physician shallmay administer, without the consent
of the child's parents or guardian, to the newborn infant born under the physician's care a
toxicology test to determine whether there is evidence of prenatal exposure to a controlled
substance or alcohol. If the test results are positive, the physician shallmay report the results
as neglect under section 50-25.1-03. A negative test result does not eliminate the obligation to
report under section 50-25.1-03 if other medical evidence of prenatal exposure to a controlled
substance or alcohol misuse is present.
3.A physician or any other medical personnel administering a toxicology test to determine the
presence of a controlled substance or alcohol 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. A physician or any
other medical personnel who determines in good faith not to administer a toxicology test under
this section is immune from liability for not administering the test.
SECTION 3. A new section to chapter 50-25.1 of the North Dakota Century Code is created and
enacted as follows:
Postpartum exposure to controlled substances or alcohol misuse - Reporting requirements.
An individual required to report under section 50 - 25 - 03 with knowledge or reasonable cause to
suspect a postpartum woman has engaged in the abuse of a controlled substance or alcohol misuse is
exempt from reporting when the individual is providing or collaborating with other professionals to
provide the woman or her infant with postpartum or substance abuse services, including voluntary
entrance into a licensed treatment program. If the woman discontinues regular postnatal care, fails to
cooperate in the provision of services for the infant, fails to follow treatment recommendations, or
continues to engage in the abuse of a controlled substance or alcohol misuse, the individual shall report
in accordance with section 50 - 25 - 03.
SECTION 4. REPEAL. Section 50-25.1-18 of the North Dakota Century Code is repealed. S. B. NO. 2232 - PAGE 3
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2232.
Senate Vote:Yeas 44 Nays 2 Absent 1
House Vote: Yeas 57 Nays 36 Absent 1
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State