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
Enforcement
Health
Care/
Social
Workers
Other Data
Gathering
Referral for
Assessment
and/or
Treatment
Referral to
Child
Welfare
Agency
Law
Enforcement
Health
Care/
Social
Workers
Other Data
Gathering
Referral for
Assessment
and/or
Treatment
Referral to
Child
Welfare
Agency
Alaska (4421)
1/1/1968 - 1/18/1996            
Alaska (2357)
1/19/1996 - 5/3/2006 Yes Yes        1 Citations
Alaska (2305)
5/4/2006 - 1/1/2020 YesYesYes Yes      4 Citations
Arizona (4426)
1/1/1968 - 8/19/1998            
Arizona (2306)
8/20/1998 - 1/1/2020 Yes   Yes      1 Citations
Arkansas (2359)
1/1/1968 - 7/26/2011            
Arkansas (2307)
7/27/2011 - 7/23/2019 Yes   Yes      2 Citations
Arkansas (5084)
7/24/2019 - 1/1/2020 Yes  YesYes      2 Citations
California (4428)
1/1/1968 - 6/30/1991            
California (2308)

In California, a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect; however, any indication of maternal substance abuse shall lead to an assessment of the mother and child. Cal. Health & Safety § 123605. If other factors are present that indicate a risk to a child, then a report shall be made. Cal. Penal Code § 11165.13.

7/1/1991 - 1/1/2020 YesYesYesYesYes      4 Citations
Colorado (4430)
1/1/1968 - 6/30/1991            
Colorado (2309)

As of July 1, 2004, a child may be taken into temporary custody by a law enforcement officer without order of the court, "when a newborn child is identified by a physician, registered nurse, licensed practical nurse, or physician's assistant engaged in the admission, care, or treatment of patients as being affected by substance abuse or demonstrating withdrawal symptoms resulting from prenatal drug exposure." Colo. Rev. Stat. § 19-3-401.

The health care practitioner for each pregnant woman who is enrolled or eligible for certain income-based services shall be encouraged to identify as soon as possible whether such woman is at risk of a poor birth outcome due to substance abuse during the prenatal period and to refer such woman to any entity approved and licensed by the department of human services for the performance of a needs assessment.

7/1/1991 - 1/1/2020 Yes Yes   Yes  Yes 7 Citations
Connecticut (2363)
1/1/1968 - 7/9/2017            
Connecticut (2310)
7/10/2017 - 6/30/2018  YesYes        2 Citations
Connecticut (4104)
7/1/2018 - 1/14/2019 YesYesYes Yes      3 Citations
Connecticut (5102)
1/15/2019 - 1/1/2020 YesYesYesYesYes      3 Citations
Delaware (2365)
1/1/1968 - 3/10/2003            
Delaware (2311)
3/11/2003 - 1/1/2020 Yes Yes        1 Citations
District of Columbia (2364)
1/1/1968 - 10/10/2011            
District of Columbia (2312)
10/11/2011 - 1/1/2020 Yes   Yes      3 Citations
Florida (4437)
1/1/1968 - 9/30/1996            
Florida (2313)
10/1/1996 - 1/1/2020YesYesYesYesYesYes      3 Citations
Illinois (4446)
1/1/1968 - 7/31/1988            
Illinois (4445)
8/1/1988 - 6/30/1990 Yes Yes        
Illinois (2317)
7/1/1990 - 1/1/2020 Yes YesYes YesYesYesYesYes 8 Citations
Indiana (4449)
1/1/1968 - 6/30/1997            
Indiana (2372)
7/1/1997 - 6/30/2004 YesYes  Yes      5 Citations
Indiana (2318)

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 - 1/1/2020 YesYesYesYesYes      14 Citations
Iowa (4442)
1/1/1968 - 6/30/1990            
Iowa (4441)
7/1/1990 - 12/31/2002   YesYes       
Iowa (2369)

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            
Iowa (2319)
7/1/2017 - 1/1/2020 Yes   Yes      2 Citations
Kansas (4452)
1/1/1968 - 4/30/1986            
Kansas (4451)
5/1/1986 - 6/30/1992 Yes Yes        
Kansas (2320)
7/1/1992 - 2/21/2019 Yes Yes   Yes  Yes 3 Citations
Kansas (5118)
2/22/2019 - 1/1/2020YesYesYesYes Yes Yes  Yes 5 Citations
Kentucky (4455)
1/1/1968 - 6/30/1987            
Kentucky (4454)
7/1/1987 - 7/13/1992       Yes    
Kentucky (2321)
7/14/1992 - 1/1/2020       Yes YesYesYes5 Citations
Louisiana (4459)
1/1/1968 - 7/23/1991            
Louisiana (4458)
7/24/1991 - 12/31/2002   YesYes       
Louisiana (2375)

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
1 Citations
Louisiana (2353)

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
Louisiana (2355)

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 - 1/1/2020 Yes Yes Yes      2 Citations
Maine (2378)
1/1/1968 - 7/29/2004            
Maine (2322)

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. Me. Rev. Stat. Ann. tit. 22 § 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 caregiver or both to a social service agency, health care provider, or voluntary substance use disorder prevention service. Me. Rev. Stat. Ann. tit. 22 § 4004-B.

7/30/2004 - 1/1/2020 Yes  YesYes      4 Citations
Maryland (2377)
1/1/1968 - 9/30/2013            
Maryland (2323)
10/1/2013 - 1/1/2020 Yes   Yes      5 Citations
Massachusetts (4461)
1/1/1968 - 2/18/1974            
Massachusetts (2324)
2/19/1974 - 1/1/2020YesYesYes  Yes      2 Citations
Michigan (4468)
1/1/1968 - 3/30/1997            
Michigan (2379)

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

3/31/1997 - 3/31/2011YesYesYesYes Yes      5 Citations
Michigan (2325)
4/1/2011 - 1/1/2020YesYesYesYes Yes Yes Yes  6 Citations
Minnesota (4471)
1/1/1968 - 7/31/1989            
Minnesota (2380)
8/1/1989 - 7/31/2010YesYesYes YesYes  Yes YesYes3 Citations
Minnesota (2326)

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 - 1/1/2020Yes Yes YesYes  Yes YesYes3 Citations
Missouri (4474)
1/1/1968 - 6/30/1992            
Missouri (2381)

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.

7/1/1992 - 8/27/2012 Yes Yes   Yes YesYes 2 Citations
Missouri (2354)

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 - 8/27/2019       Yes YesYes 2 Citations
Missouri (5121)

Beginning on August 28, 2019, any physician or health care provider shall refer to the Missouri Department of Health and Senior Services (DHSS) families in which infants are born affected by a Fetal Alcohol Spectrum Disorder. Physicians retain discretion to refer to DHSS 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.

8/28/2019 - 1/1/2020 Yes   Yes Yes YesYes 2 Citations
Nevada (2390)

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 (effective October 1, 1999).

1/1/1968 - 9/30/2005            No Law
1 Citations
Nevada (2330)

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 - 12/18/2018 Yes   Yes      11 Citations
Nevada (4139)

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.

12/19/2018 - 1/1/2020 Yes  YesYes      13 Citations
New Hampshire (4483)
1/1/1968 - 11/20/2001            
New Hampshire (2387)
11/21/2001 - 6/30/2003 Yes Yes        1 Citations
New Hampshire (2331)
7/1/2003 - 6/25/2018            
New Hampshire (4137)
6/26/2018 - 1/1/2020 Yes  Yes       2 Citations
New Jersey (4486)
1/1/1968 - 9/7/1987            
New Jersey (2388)
9/8/1987 - 10/5/2008 Yes Yes        1 Citations
New Jersey (2332)
10/6/2008 - 1/15/2018 YesYesYesYes       4 Citations
New Jersey (4136)
1/16/2018 - 1/1/2020 YesYesYesYesYes      9 Citations
New York (4491)
1/1/1968 - 6/29/1993            
New York (2391)
6/30/1993 - 5/24/2016 YesYes Yes       2 Citations
New York (2334)
5/25/2016 - 1/1/2020 YesYesYesYes       3 Citations
North Dakota (2385)
1/1/1968 - 7/31/2003            
North Dakota (2336)

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 - 9/30/2019      YesYesYes Yes 4 Citations
North Dakota (5114)

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.

10/1/2019 - 1/1/2020 Yes Yes  YesYesYes Yes 6 Citations
Ohio (4493)
1/1/1968 - 12/31/2002            
Ohio (2392)

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
Ohio (2337)

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 - 1/1/2020 Yes Yes        3 Citations
Oklahoma (4496)
1/1/1968 - 8/31/1994            
Oklahoma (4495)
9/1/1994 - 6/30/2000   Yes        
Oklahoma (2338)
7/1/2000 - 5/7/2018 Yes Yes Yes      4 Citations
Oklahoma (4132)
5/8/2018 - 1/1/2020 Yes YesYesYes      7 Citations
Oregon (4498)
1/1/1968 - 8/4/1989            
Oregon (2352)
8/5/1989 - 1/1/2020 Yes YesYes       1 Citations
Pennsylvania (2395)
1/1/1968 - 5/7/2007            
Pennsylvania (2339)
5/8/2007 - 10/1/2018 Yes  YesYes      2 Citations
Pennsylvania (4127)
10/2/2018 - 1/1/2020 Yes  Yes       2 Citations
Rhode Island (4502)
1/1/1968 - 1/21/1990            
Rhode Island (2340)
1/22/1990 - 1/1/2020 Yes   Yes      1 Citations
South Carolina (2397)
1/1/1968 - 5/22/2008            
South Carolina (2341)

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 - 1/1/2020 Yes Yes   Yes  Yes 5 Citations
South Carolina (4503)
5/23/2008 - 1/1/2013 YesYes    Yes  Yes 
South Dakota (4508)
1/1/1968 - 6/30/1998            
South Dakota (2398)
7/1/1998 - 6/30/2006YesYesYesYes Yes  Yes  Yes4 Citations
South Dakota (2342)
7/1/2006 - 1/1/2020YesYesYesYes YesYesYesYes YesYes8 Citations
Texas (4511)
1/1/1968 - 10/19/1994            
Texas (2344)

In Texas, 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 and prenatal alcohol exposure be collected in statewide data repositories.

10/20/1994 - 1/1/2020 Yes Yes        3 Citations
Utah (4513)
1/1/1968 - 4/28/1985            
Utah (2345)
4/29/1985 - 1/1/2020 Yes   Yes      2 Citations
Virginia (4515)
1/1/1968 - 6/30/1998            
Virginia (2347)
7/1/1998 - 6/30/2019YesYesYes  Yes      2 Citations
Virginia (5094)
7/1/2019 - 1/1/2020YesYesYes YesYes      4 Citations
Washington (4518)
1/1/1968 - 12/22/2000            
Washington (2348)
12/23/2000 - 1/1/2020 Yes Yes        2 Citations
West Virginia (2406)
1/1/1968 - 4/28/2004            
West Virginia (2349)
4/29/2004 - 1/1/2020 Yes Yes        2 Citations
Wisconsin (4520)
1/1/1968 - 6/30/1998            
Wisconsin (2350)
7/1/1998 - 1/1/2020YesYesYesYes Yes      5 Citations