CHAPTER 34-23B
PRENATAL EDUCATION
34-23B-1 Prenatal effects of drug and alcohol use.
34-23B-2 Creation and administration of prenatal educational program.
34-23B-3 Age-appropriate education materials available to school districts.
34-23B-4 Toll-free information line.
34-23B-5 Screening materials to detect at-risk users of drugs and alcohol.
34-23B-6 Referral to alcohol or drug program--Immunity from liability.
34-23B-7 Definitions.
34-23B-8 Perinatal hospice providers and programs.
34-23B-9 Receipt of information.
34-23B-1. Prenatal effects of drug and alcohol use.
Any primary health care provider of obstetrical care to a pregnant woman and any counselor who provides services to a pregnant woman shall educate all pregnant patients as to the prenatal effects of drugs and alcohol. The Department of Health and the Department of Social Services shall offer educational materials and guidance to such physicians, health care providers, and chemical dependency counselors for the purpose of assuring accurate and appropriate patient education.
Source: SL 1993, ch 252, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.
34-23B-2. Creation and administration of prenatal educational program.
The Department of Health and the Department of Social Services shall create and administer an educational program that offers education to all primary providers of obstetrical care and chemical dependency counselors providing services to pregnant women:
(1) In taking accurate and complete drug and alcohol histories for their pregnant patients;
(2) Concerning the effects of drugs and alcohol on pregnancy and fetal outcome, including the process of referral of children for evaluation;
(3) Concerning counseling techniques for women who abuse drugs or alcohol so as to improve referral to and compliance with drug and alcohol programs;
(4) In making appropriate referrals of children suspected of prenatal exposure to drugs or alcohol for evaluation purposes.
Source: SL 1993, ch 252, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.
34-23B-3. Age-appropriate education materials available to school districts.
Upon receipt of funds for such programs, the secretary of education shall adopt and make available to all school districts age-appropriate drug and alcohol education curricula concerning the physiological effects caused by the use of drugs and alcohol on the developing child before and after birth for inclusion in their drug and alcohol education programs in grades one through twelve.
Source: SL 1993, ch 252, § 3; SL 2003, ch 272, § 63.
34-23B-4. Toll-free information line.
The Department of Health and the Department of Social Services shall maintain a toll-free information line for the purpose of providing information on resources for substance abuse treatment and for assisting with referral for substance abusing pregnant women.
Source: SL 1993, ch 252, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.
34-23B-5. Screening materials to detect at-risk users of drugs and alcohol.
The Department of Health and the Department of Social Services shall develop screening materials and criteria and make them available for use by primary providers for identification of high- and moderate-risk drug and alcohol use during pregnancy.
Source: SL 1993, ch 252, § 5; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.
34-23B-6. Referral to alcohol or drug program--Immunity from liability.
Any physician, physician's assistant, nurse, certified nurse practitioner, certified nurse midwife, counselor, social worker, licensed or registered child welfare provider, employee or volunteer of a domestic abuse center, chemical dependency counselor, or safety sensitive position as defined in § 3-6C-1 who provides services to a pregnant woman may make a referral to a prevention or treatment program accredited pursuant to chapter 34-20A if the provider has information that a pregnant woman is engaging in the abusive use of alcohol or use of any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B. Any such provider, who, in good faith, makes a referral to a prevention or treatment program accredited pursuant to chapter 34-20A of a pregnant woman engaging in abusive use of alcohol, abusive use of a lawfully prescribed controlled substance, or use of any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the referral. This immunity also extends to any public official who in good faith is involved in the investigation of such conduct or to any person described in this section who in good faith cooperates with any public official in an investigation. Any referral pursuant to this section is permissive and nothing in this section requires the making of any referral.
Source: SL 2006, ch 183, § 1; SL 2017, ch 171, § 50; SL 2021, ch 116, § 2.
34-23B-7. Definitions.
Terms used in §§ 34-23B-8 and 34-23B-9 mean:
(1) "Lethal fetal anomaly," a condition that is diagnosed before the child's birth and will, with reasonable medical certainty, result in the child's death within three months from the date of birth; and
(2) "Perinatal hospice," the provision of:
(a) Comprehensive, supportive care to a pregnant mother and her family, beginning with the diagnosis of a lethal fetal anomaly and continuing through the birth and resultant death of the child; and
(b) Counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, specialty nurses, clergy, social workers, and others who are focused on alleviating fear and ensuring that the mother and her family experience the life and death of the child in a comfortable and supportive environment.
Source: SL 2021, ch 152, § 1.
34-23B-8. Perinatal hospice providers and programs.
The Department of Health shall develop and post on the department's website:
(1) A brochure that:
(a) Describes the services available from a perinatal hospice program;
(b) Includes a statement that medical assistance benefits may be available for prenatal care, childbirth, and perinatal hospice;
(c) Includes information regarding access to grief counseling and other support programs; and
(d) Includes a link to the departmental website at which additional information may be accessed;
(2) A list of all perinatal hospice providers and programs located in this state;
(3) A list of perinatal hospice providers and programs that:
(a) Are located in surrounding states; and
(b) Provide care to residents of this state; and
(4) A list of other perinatal hospice resources.
Source: SL 2021, ch 152, § 2.
