Pregnancy and Alcohol

Reporting Requirements

Laws addressing requirements to report indicators or evidence, such as results from screening or toxicological testing of women or babies, of alcohol use or abuse by women during pregnancy.

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Changes Over Time for Reporting Requirements
Jurisdiction Date Range Mandatory Who Reports? Mandatory Purpose of Reporting Discretionary
Who Reports?
Discretionary
Purpose of Reporting
Citations
Law
Enfor.
Person.
Health
Care/
Social
Workers
Other Data
Gathering
Referral for
Assessment
and/or
Treatment
Referral to
Child
Welfare
Agency
Law
Enfor.
Person.
Health
Care/
Social
Workers
Other Data
Gathering
Referral for
Assessment
and/or
Treatment
Referral to
Child
Welfare
Agency
AK (Alaska)
1/1/2003 - 5/3/2006 Yes Yes        1 Citations
AK (Alaska)
5/4/2006 - 1/1/2018 YesYesYes Yes      4 Citations
AR (Arkansas)
1/1/2003 - 7/26/2011            
AR (Arkansas)
7/27/2011 - 1/1/2018 Yes   Yes      2 Citations
CT (Connecticut)
1/1/2003 - 7/9/2017            
CT (Connecticut)
7/10/2017 - 1/1/2018  YesYes        2 Citations
DE (Delaware)
1/1/2003 - 3/10/2003            
DE (Delaware)
3/11/2003 - 1/1/2018 Yes Yes        2 Citations
DC (District of Columbia)
1/1/2003 - 10/10/2011            
DC (District of Columbia)
10/11/2011 - 1/1/2018 Yes   Yes      3 Citations
IN (Indiana)
1/1/2003 - 6/30/2004 YesYes  Yes      5 Citations
IN (Indiana)

As of July 1, 2016, Indiana mandates that, unless ordered by a court, no physician, physician assistant, certified direct entry midwife, or advanced practice nurse may release the results of a pregnant woman’s medical tests to a law enforcement agency. This statute includes the results of urine tests, blood tests, or verbal screening or questioning about drug or alcohol abuse. Ind. Code § 25-1-9-22.

7/1/2004 - 1/1/2018 YesYesYesYesYes      15 Citations
IA (Iowa)

An earlier law has been repealed. A law related to reporting requirements, effective through June 30, 2008, had mandated that a council on "chemically exposed infants and children" be created. One of the primary duties of the council included data collection with regard to the extent to which infants born in Iowa were chemically exposed. A "chemically exposed infant or child" was an infant or child who showed evidence of exposure to or the presence of alcohol. Iowa Code, §§ 235C.1, 235C.3. These laws were repealed as of July 1, 2008.

1/1/2003 - 6/30/2017            No Law
2 Citations
IA (Iowa)
7/1/2017 - 1/1/2018 Yes          2 Citations
LA (Louisiana)

An earlier law has been repealed. A law related to reporting requirements, effective through June 30, 2005, had mandated that a council on "chemically exposed infants and children" be created. One of the primary duties of the council included data collection with regard to the extent to which infants born in Louisiana were chemically exposed. A "chemically exposed infant or child" was an infant or child who showed evidence of exposure to or the presence of alcohol. La. Rev. Stat. Ann. §§ 46:2512, 46:2514. These laws were repealed as of July 1, 2005.

In general, all laws enacted during a regular session of the Louisiana legislature take effect on August 15th of the calendar year in which the regular session is held; however, any bill may specify an earlier or later effective date. 2007 La. Acts 396 states that its reporting provision will not become effective until the legislature appropriates sufficient funds for such purposes. APIS is unable to determine whether this condition has been met.

1/1/2003 - 8/14/2007            No Law
3 Citations
LA (Louisiana)

An earlier law has been repealed. A law related to reporting requirements, effective through June 30, 2005, had mandated that a council on "chemically exposed infants and children" be created. One of the primary duties of the council included data collection with regard to the extent to which infants born in Louisiana were chemically exposed. A "chemically exposed infant or child" was an infant or child who showed evidence of exposure to or the presence of alcohol. La. Rev. Stat. Ann. §§ 46:2512, 46:2514. These laws were repealed as of July 1, 2005.

In general, all laws enacted during a regular session of the Louisiana legislature take effect on August 15th of the calendar year in which the regular session is held; however, any bill may specify an earlier or later effective date. 2007 La. Acts 396 states that its reporting provision will not become effective until the legislature appropriates sufficient funds for such purposes. APIS is unable to determine whether this condition has been met.

8/15/2007 - 7/31/2016 Yes   Yes      2 Citations
LA (Louisiana)

An earlier law has been repealed. A law related to reporting requirements, effective through June 30, 2005, had mandated that a council on "chemically exposed infants and children" be created. One of the primary duties of the council included data collection with regard to the extent to which infants born in Louisiana were chemically exposed. A "chemically exposed infant or child" was an infant or child who showed evidence of exposure to or the presence of alcohol. La. Rev. Stat. Ann. §§ 46:2512, 46:2514. These laws were repealed as of July 1, 2005.

In general, all laws enacted during a regular session of the Louisiana legislature take effect on August 15th of the calendar year in which the regular session is held; however, any bill may specify an earlier or later effective date. 2007 La. Acts 396 states that its reporting provision will not become effective until the legislature appropriates sufficient funds for such purposes. APIS is unable to determine whether this condition has been met.

8/1/2016 - 1/1/2018 Yes Yes Yes      2 Citations
ME (Maine)
1/1/2003 - 7/29/2004            
ME (Maine)

In Maine, as of October 9, 2013, health care providers are required to report, to the Department of Health and Human Services, infants who have symptoms resembling those of fetal alcohol spectrum disorder as well as those who exhibit withdrawal symptoms resulting from prenatal drug exposure in the same manner as reports of child abuse or neglect. 22 M.R.S.A. § 4011-B. Prior to this, as of July 30, 2004, health care providers were only required to report infants suffering from withdrawal symptoms resulting from prenatal drug exposure. Once the report is received, in addition to a determination if the infant is abused and neglected, the department is required to develop a plan for safe care with the health care provider and, if appropriate, refer the child or mother or both to a social service agency or voluntary substance abuse prevention service. 22 M.R.S.A. § 4004-B.

7/30/2004 - 1/1/2018 Yes  YesYes      4 Citations
MD (Maryland)
1/1/2003 - 9/30/2013            
MD (Maryland)
10/1/2013 - 1/1/2018 Yes   Yes      5 Citations
MI (Michigan)

Fetal alcohol syndrome is coded as 760.71 by the "International Classifications of Diseases, 9th Revision, Clinical Modification." Mich. Admin. Code r. 325.9072.

1/1/2003 - 3/31/2011YesYesYesYes Yes      5 Citations
MI (Michigan)
4/1/2011 - 1/1/2018YesYesYesYes Yes Yes Yes  6 Citations
MN (Minnesota)
1/1/2003 - 7/31/2010YesYesYes YesYes  Yes YesYes5 Citations
MN (Minnesota)

Effective August, 1, 2010, a health care professional or a social service professional who is providing a pregnant woman with prenatal care or other healthcare services is exempt from the mandate to report a woman's use of alcoholic beverages during pregnancy to a local welfare agency. For purposes of this exemption, “prenatal care” means the comprehensive package of medical and psychological support provided throughout the pregnancy. The reporting requirement, however, still applies to those health care or social services professionals otherwise mandated to report a woman's use of alcoholic beverages during pregnancy.

8/1/2010 - 1/1/2018Yes Yes YesYes  Yes YesYes3 Citations
MO (Missouri)

In Missouri, physicians retain discretion to refer to the Department of Health and Senior Services families in which children may have been exposed to alcohol for the coordination of services to the family. Mo. Rev. Stat. § 191.737. Prior to August 28, 2012, on the other hand, upon request from the department physicians were required to obtain test samples from their patients at time of delivery to determine the extent of use of alcohol during pregnancy. Mo. Rev. Stat. § 191.745.

1/1/2003 - 8/27/2012 Yes Yes   Yes YesYes 2 Citations
MO (Missouri)

In Missouri, physicians retain discretion to refer to the Department of Health and Senior Services families in which children may have been exposed to alcohol for the coordination of services to the family. Mo. Rev. Stat. § 191.737. Prior to August 28, 2012, on the other hand, upon request from the department physicians were required to obtain test samples from their patients at time of delivery to determine the extent of use of alcohol during pregnancy. Mo. Rev. Stat. § 191.745.

8/28/2012 - 1/1/2018       Yes YesYes 2 Citations
NV (Nevada)

In Nevada prior to October 1, 2005, there was no affirmative duty to report a woman who had used alcohol during pregnancy or a child with fetal alcohol syndrome. Nevertheless, legal provisions both before and after this date mandate that the Health Division of the Department of Human Resources develop and maintain a system for monitoring fetal alcohol syndrome that includes identifying 1) geographical areas in the State in which women are at a high risk of consuming alcohol during pregnancy, and 2) groups of persons in the State that include such women. Nev. Rev. Stat. § 442.420.

1/1/2003 - 9/30/2005            No Law
1 Citations
NV (Nevada)

In Nevada, as of October 1, 2005, a physician treating a child or a person in charge of a hospital or similar institution may hold a child for up to 24 hours if there is reasonable cause to believe that the child has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure. On July 1, 2017, this language was amended to include "a fetal alcohol spectrum disorder or prenatal substance abuse." In such cases, the physician or other person shall immediately notify a law enforcement agency or an agency which provides child welfare services that the physician or person is holding the child. Nev. Rev. Stat. § 432B.400.

As of October 1, 2005, legal provisions provide that a child welfare agency investigating a report of abuse or neglect shall not report to the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child any information concerning a child identified as being affected by prenatal illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure unless the agency determines that a person has abused or neglected the child after the child was born. On July 1, 2017, this language was amended to include "a fetal alcohol spectrum disorder or prenatal substance abuse."Nev. Rev. Stat. §§ 432.0999, 432.100, 432B.310.

In Nevada prior to October 1, 2005, there was no affirmative duty to report a woman who had used alcohol during pregnancy or a child with fetal alcohol syndrome. Nevertheless, legal provisions both before and after this date mandate that the Health Division of the Department of Human Resources develop and maintain a system for monitoring fetal alcohol syndrome that includes identifying 1) geographical areas in the State in which women are at a high risk of consuming alcohol during pregnancy, and 2) groups of persons in the State that include such women. Nev. Rev. Stat. § 442.420.

10/1/2005 - 1/1/2018 Yes   Yes      12 Citations
NH (New Hampshire)
1/1/2003 - 6/30/2003 Yes Yes        3 Citations
NH (New Hampshire)

As of July 1, 2003, New Hampshire no longer specifically requires the reporting of alcohol use during pregnancy or the birth of a child with fetal alcohol syndrome for Data Gathering purposes.

7/1/2003 - 1/1/2018            
NJ (New Jersey)
1/1/2003 - 10/5/2008 Yes Yes        1 Citations
NJ (New Jersey)
10/6/2008 - 1/1/2018 YesYesYesYes       5 Citations
NY (New York)
1/1/2003 - 5/24/2016 YesYes Yes       2 Citations
NY (New York)
5/25/2016 - 1/1/2018 YesYesYesYes       3 Citations
ND (North Dakota)
1/1/2003 - 7/31/2003            
ND (North Dakota)

As of August 1, 2003, when the department receives a report that alleges a pregnant woman has abused alcohol, in addition to referral for chemical dependency assessment, the department or its designee, may also take appropriate action under North Dakota's Civil Commitment Procedures, chapter 25-03.1. 2003 N.D. Laws 431.

8/1/2003 - 1/1/2018      YesYesYes Yes 4 Citations
OH (Ohio)

Beginning on June 3, 2005, Ohio requires the reporting of the birth of a child with fetal alcohol syndrome for Data Gathering purposes to the Birth Defects Information System. Ohio Admin. Code § 3701-57-02. Both prior to and subsequently from that date, another legal provision mandates that the Department of Alcohol and Drug Addiction Services provide a manner of determining the aggregate number of children born to women who are addicted, at the time of birth, to a drug of abuse and of children born with an addiction to or a dependency on a drug of abuse. Ohio Rev. Code Ann. § 3793.15. Yet, this latter law alone does not create an affirmative duty to report a woman who has used alcohol during pregnancy or a child with fetal alcohol syndrome.

1/1/2003 - 6/2/2005            No Law
1 Citations
OH (Ohio)

Beginning on June 3, 2005, Ohio requires the reporting of the birth of a child with fetal alcohol syndrome for Data Gathering purposes to the Birth Defects Information System. Ohio Admin. Code § 3701-57-02. Both prior to and subsequently from that date, another legal provision mandates that the Department of Alcohol and Drug Addiction Services provide a manner of determining the aggregate number of children born to women who are addicted, at the time of birth, to a drug of abuse and of children born with an addiction to or a dependency on a drug of abuse. Ohio Rev. Code Ann. § 3793.15. Yet, this latter law alone does not create an affirmative duty to report a woman who has used alcohol during pregnancy or a child with fetal alcohol syndrome.

6/3/2005 - 1/1/2018 Yes Yes        4 Citations
PA (Pennsylvania)
1/1/2003 - 5/7/2007            
PA (Pennsylvania)
5/8/2007 - 1/1/2018 Yes  YesYes      2 Citations
SC (South Carolina)
1/1/2003 - 5/22/2008            
SC (South Carolina)

In South Carolina, there is no affirmative duty to report a woman who has used alcohol during pregnancy or a child with fetal alcohol syndrome. Nevertheless, legal provisions mandate that information on the occurrence of fetal alcohol syndrome be collected in a central database of birth defects. 61 S.C. Code Ann. Regs. § 114.

5/23/2008 - 1/1/2018 Yes Yes   Yes  Yes 5 Citations
SD (South Dakota)
1/1/2003 - 6/30/2006YesYesYesYes Yes  Yes  Yes4 Citations
SD (South Dakota)
7/1/2006 - 1/1/2018YesYesYesYes YesYesYesYes YesYes9 Citations
WV (West Virginia)
1/1/2003 - 4/28/2004            
WV (West Virginia)
4/29/2004 - 1/1/2018 Yes Yes        2 Citations