SB 2232 — 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.

25.0343.03000 Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 SENATE BILL NO.

2232 of(Senators North Dakota Introduced by Senators Meyer, Lee, RoersRoers) Representatives(Representatives Dobervich, O'Brien, StemenStemen) AAN BILLACT for 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;

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 othersubstance healthabuse care services, including voluntary entrance into a licensed treatment program.

If the woman discontinues regular prenatal care, fails to follow treatment recommendations, or Pagecontinues No.to engage in the abuse of a controlled substance or alcohol misuse, the individual shall report in accordance with subsection 1.

1 25.0343.03000 Sixty-ninth Legislative Assembly continues to engage in the abuse of a controlled substance or alcohol misuse, the individual shall report in accordance with subsection 1.

5.S.

B.

NO.

2232 - PAGE 2 5.

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 Pageafter No.delivery to determine whether there is evidence that she has ingested a controlled substance or alcohol.

2 25.0343.03000 Sixty-ninth Legislative Assembly after delivery to determine whether there is evidence that she has ingested a controlled substance or alcohol.

PagePostpartum No.exposure to controlled substances or alcohol misuse - Reporting requirements.

3An 25.0343.03000individual Sixty-ninthrequired Legislativeto Assemblyreport Postpartumunder exposuresection 50-25-03 with knowledge or reasonable cause to suspect a postpartum woman has engaged in the abuse of a controlled substancessubstance or alcohol misuse -is Reportingexempt requirements.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.

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 health care services, including voluntary entrance into a licensed treatment program.

PageS. No.

4B. 25.0343.03000

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