North DakotaSB 22322025 Regular SessionSenate

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)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

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

Medical staff gain testing liability protection

Doctors and other medical staff have civil and criminal liability protection for good-faith decisions not to perform covered tests. Protection for giving a test requires the ordering doctor to believe in good faith that the test is required. The test must also follow reasonable medical practice. The law removes the prior reference to an established testing protocol from this protection.

Care exempts some reports after childbirth

The law creates a reporting exemption for suspected controlled-substance abuse or alcohol misuse after childbirth. Required reporters qualify while providing or coordinating postpartum care or substance-use services for the woman or her infant. This includes a woman’s voluntary entry into a licensed treatment program. Reporting becomes required if regular postnatal care stops or the woman fails to cooperate with infant services. Reporting is also required if she does not follow treatment advice or continues substance abuse or alcohol misuse.

Doctors gain mother and newborn testing options

Doctors may order drug or alcohol testing when pregnancy complications suggest nonmedical controlled-substance use or alcohol misuse. They may also test a woman under their care within eight hours after delivery. Her consent is required unless a sample is already available. Doctors may test newborns without parental or guardian consent when a medical assessment gives reason to suspect prenatal misuse. Positive results may be reported, including a newborn result as neglect. A negative result or refusal of maternal consent does not remove reporting duties supported by other evidence.

Pregnancy reporting expands with care exemptions

North Dakota adds alcohol misuse to required reporting of suspected substance abuse during pregnancy, replacing its separate alcohol-reporting section. Required reporters must report suspicions based on knowledge or reasonable cause gained through official or professional duties. Providers offering or coordinating prenatal care or substance-use treatment are exempt while services continue, including voluntary licensed treatment. They must report if regular prenatal care stops, treatment advice is not followed, or misuse continues. Anyone may report voluntarily. Reports must identify the woman, known details of use, and the reporter’s name and address. The department or its agent must immediately start an assessment and refer the woman for substance-use assessment and prenatal care. Following treatment recommendations is expected.

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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