North DakotaSB 22322025 Regular SessionSenateWALLET

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.

Sponsored By: Scott Meyer (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Treatment-first help during and after pregnancy

The law takes a treatment-first approach to substance or alcohol misuse in pregnancy and after birth. When a report alleges prenatal misuse, the child-protection agency must start an assessment right away. They must refer the woman for a substance use evaluation with an expectation to follow treatment, and for prenatal care. If clinicians are giving or coordinating prenatal or postpartum care or treatment, they do not have to report while care is regular and treatment is followed. They must report if the woman stops regular prenatal or postnatal care, does not cooperate with infant services, does not follow treatment, or keeps using.

New testing rules for moms and newborns

Doctors may test a pregnant woman for drugs or alcohol if complications point to possible use. They can test with consent, use a sample already available, or test within eight hours after delivery. Doctors may also test a newborn without parents’ consent when a medical check suggests prenatal use. A positive result may be reported as neglect; a negative result or a refusal does not end other reporting duties if other medical evidence exists. Doctors and staff are protected from liability when they order or decline tests in good faith and follow protocols.

Reporting rules changed for prenatal substance use

Anyone can make a voluntary report if they know or reasonably suspect a pregnant woman used drugs or misused alcohol during pregnancy. The law repeals a separate prenatal alcohol reporting section, removing that specific rule. Other reporting rules and the new care-based exemptions remain in effect.

Sponsors & Cosponsors

Sponsor

  • Scott Meyer

    Republican • Senate

Cosponsors

  • Gretchen Dobervich

    Democratic • House

  • Emily O'Brien

    Republican • House

  • Gregory Stemen

    Republican • House

  • Judy Lee

    Republican • Senate

  • Kristin Roers

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 147 • No: 38

Senate vote 4/15/2025

Second reading, passed, yeas 44 nays 2

Yes: 44 • No: 2

House vote 4/8/2025

Second reading, passed as amended, yeas 57 nays 36

Yes: 57 • No: 36

Senate vote 2/4/2025

Second reading, passed, yeas 46 nays 0

Yes: 46 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 04/22

    4/24/2025House
  2. Signed by Governor 04/21

    4/23/2025Senate
  3. Sent to Governor

    4/18/2025Senate
  4. Signed by President

    4/18/2025Senate
  5. Signed by Speaker

    4/18/2025House
  6. Second reading, passed, yeas 44 nays 2

    4/15/2025Senate
  7. Concurred

    4/15/2025Senate
  8. Returned to Senate (12)

    4/9/2025Senate
  9. Second reading, passed as amended, yeas 57 nays 36

    4/8/2025House
  10. Amendment adopted, placed on calendar

    4/3/2025House
  11. Reported back amended, do pass, amendment placed on calendar 7 6 0

    4/1/2025House
  12. Committee Hearing 02:30

    3/17/2025House
  13. Introduced, first reading, referred Human Services Committee

    2/18/2025House
  14. Received from Senate

    2/5/2025House
  15. Second reading, passed, yeas 46 nays 0

    2/4/2025Senate
  16. Reported back, do pass, place on calendar 6 0 0

    2/3/2025Senate
  17. Committee Hearing 09:00

    2/3/2025Senate
  18. Introduced, first reading, referred Human Services Committee

    1/17/2025Senate

Bill Text

  • Adopted by the House Human Services Committee

  • Enrollment

  • INTRODUCED

  • SENATE BILL NO. 2232 with House Amendments

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