1.    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 engaged in alcohol misuse after the woman knows of the pregnancy shall:

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

a.    Arrange for an assessment for the presence of a substance use disorder conducted by a licensed treatment program and confirm that the recommendations indicated by the assessment are followed; or

b.    Immediately 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 may make a voluntary report if the individual has knowledge of or reasonable cause to suspect that a woman is pregnant and has engaged in alcohol misuse during the pregnancy.

3.    If the woman is referred for a substance use disorder assessment under subdivision a of subsection 1 and fails to obtain an assessment, continues to engage in alcohol    misuse or refuses to comply with the recommendations of the assessment, an individual required to report under section 50-25.1-03 who has knowledge of the failure to obtain the assessment, continued alcohol misuse, or refusal to comply with recommendations of the assessment shall make a report to the department or authorized agent.

4.    If a report alleges a pregnant woman has engaged in alcohol misuse, the department or authorized agent shall immediately initiate an appropriate assessment that must include a referral for assessment for 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.

5.    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 engage in alcohol misuse, 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 alcohol misuse, or failure to follow treatment recommendations shall make a report as required by this section.

6.    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 extent of the current use of alcohol, any suspected symptoms and problems associated with a substance use disorder, and the name and address of the individual making the report.