| AK | 1/1/2003 - 5/3/2006 | |  | | | | | | | | | | |  1 citation
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| AK | 5/4/2006 - 1/1/2012 | | | | | | | | | | | | | 4 citations
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| AR | 1/1/2003 - 7/26/2011 | | | | | | | | | | | | | No Law
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| AR | 7/27/2011 - 1/1/2012 | | | | | | | | | | | | | 2 citations
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| DE | 1/1/2003 - 3/10/2003 | | | | | | | | | | | | | No Law
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| DE | 3/11/2003 - 1/1/2012 | | | | | | | | | | | | | 2 citations
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| DC | 1/1/2003 - 10/10/2011 | | | | | | | | | | | | | No Law
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| DC | 10/11/2011 - 1/1/2012 | | | | | | | | | | | | | 3 citations
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| IN | 1/1/2003 - 6/30/2004 | | | | | | | | | | | | | 5 citations
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| IN | 7/1/2004 - 1/1/2012 | | | | | | | | | | | | | 14 citations
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LA
Juris Note
An earlier law has been repealed.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 These laws were repealed as of July 1, 2005.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. |
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| 1/1/2003 - 8/14/2007 | | | | | | | | | | | | | No Law
3 citations
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LA
Juris Note
An earlier law has been repealed.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. |
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| 8/15/2007 - 1/1/2012 | | | | | | | | | | | | | 2 citations
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| ME | 1/1/2003 - 7/29/2004 | | | | | | | | | | | | | No Law
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ME
Row Note
| In Maine, as of July 30, 2004, health care providers are required to report, to the Department of Health and Human Services, infants suffering from 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. Once this report is received, in addition to a determination if the infant is abused and neglected, the department shall also 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. |
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| 7/30/2004 - 1/1/2012 | | | | | | | | | | | | | 4 citations
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MI
Row Note
| Fetal alcohol syndrome is coded as 760.71 by the "International Classifications of Diseases, 9th Revision, Clinical Modification." Mich. Admin. Code r. 325.9072. |
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| 1/1/2003 - 3/31/2011 | | | | | | | | | | | | | 5 citations
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| MI | 4/1/2011 - 1/1/2012 | | | | | | | | | | | | | 6 citations
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| MN | 1/1/2003 - 7/31/2010 | | | | | | | | | | | | | 5 citations
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MN
Row Note
| 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. |
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| 8/1/2010 - 1/1/2012 | | | | | | | | | | | | | 3 citations
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NV
Juris Note
| 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. |
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| 1/1/2003 - 9/30/2005 | | | | | | | | | | | | | No Law
1 citation
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NV
Juris Note
| 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. |
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Row Note
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. 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. Nev. Rev. Stat. §§ 432.0999, 432.100, 432B.310. |
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| 10/1/2005 - 1/1/2012 | | | | | | | | | | | | | 10 citations
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| NH | 1/1/2003 - 6/30/2003 | | | | | | | | | | | | | 3 citations
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NH
Row Note
| 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. |
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| 7/1/2003 - 1/1/2012 | | | | | | | | | | | | | No Law
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| NJ | 1/1/2003 - 10/5/2008 | | | | | | | | | | | | | 1 citation
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| NJ | 10/6/2008 - 1/1/2012 | | | | | | | | | | | | | 5 citations
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| ND | 1/1/2003 - 7/31/2003 | | | | | | | | | | | | | No Law
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ND
Row Note
| 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. |
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| 8/1/2003 - 1/1/2012 | | | | | | | | | | | | | 4 citations
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OH
Juris Note
| 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. |
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| 1/1/2003 - 6/2/2005 | | | | | | | | | | | | | No Law
1 citation
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OH
Juris Note
| 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. |
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| 6/3/2005 - 1/1/2012 | | | | | | | | | | | | | 2 citations
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| PA | 1/1/2003 - 5/7/2007 | | | | | | | | | | | | | No Law
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| PA | 5/8/2007 - 1/1/2012 | | | | | | | | | | | | | 2 citations
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| SC | 1/1/2003 - 5/22/2008 | | | | | | | | | | | | | No Law
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SC
Row Note
| 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. |
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| 5/23/2008 - 1/1/2012 | | | | | | | | | | | | | 5 citations
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| SD | 1/1/2003 - 6/30/2006 | | | | | | | | | | | | | 4 citations
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| SD | 7/1/2006 - 1/1/2012 | | | | | | | | | | | | | 7 citations
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| WV | 1/1/2003 - 4/28/2004 | | | | | | | | | | | | | No Law
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| WV | 4/29/2004 - 1/1/2012 | | | | | | | | | | | | | 2 citations
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