Senate Human Services committee advances bill letting health providers use discretion before reporting prenatal substance exposure

The Senate Human Services Committee voted 6-0 to give Senate Bill 22-32 a favorable recommendation, advancing legislation that would change North Dakota law so health care providers are not automatically required to report any alcohol or controlled-substance use during pregnancy to child protective services.

Sponsor Senator Scott Meyer, R-18 of Grand Forks, told the committee the bill "combines both controlled substance and alcohol use" in statute and creates a waiver allowing a provider to forgo reporting if the pregnant woman "receives and complies with medical care during the pregnancy." Meyer said the measure also replaces mandatory language in statute — "shall report" — with permissive language — "may report" — to preserve clinician discretion.

Supporters including the North Dakota Medical Association and three physicians told the committee that current law deters people from seeking prenatal care. "Addiction and substance abuse is a health condition in the same way that hypertension, heart disease, cancer, and diabetes are health conditions. It's not a moral failing," said Dr. Anna Tobias, an obstetrician-gynecologist and maternal-fetal medicine physician who serves as North Dakota section chair of the American College of Obstetricians and Gynecologists. Tobias said she has seen pregnant patients stop returning to care after being reported and linked that avoidance to worse neonatal outcomes.

Dr. Daniel Thurl, a pediatrician who oversees a…