1. Except as provided for under subsection 2, an individual required to report under section 50-25.1-03 who has knowledge of or reasonable cause to suspect that a woman is pregnant and has engaged in the abuse of a controlled substance or alcohol misuse during the pregnancy shall report the circumstances to the department or authorized agent if the knowledge or suspicion is derived from information received by that individual in that individual's official or professional capacity.

2. An individual required to report under section 50-25.1-03 is exempt from reporting under subsection 1 if the individual is providing or collaborating with other professionals to provide the woman with prenatal or substance abuse services, including voluntary entrance into a licensed treatment program. If the woman discontinues regular prenatal care, fails to follow treatment recommendations, or continues to engage in the abuse of a controlled substance or alcohol misuse, the individual shall report in accordance with subsection 1.

3. Any individual may make a voluntary report if the individual has knowledge of or reasonable cause to suspect that a woman is pregnant and engaged in the abuse of a controlled substance or alcohol misuse during the pregnancy.

4. If a report alleges a pregnant woman's abuse of a controlled substance or alcohol misuse, the department or authorized agent immediately shall initiate an appropriate assessment that must include a referral for assessment of the presence of a substance use disorder with expectation to follow any treatment recommendations, and a referral for prenatal care. The department or authorized agent may also take any appropriate action under chapter 25-03.1.

5. A report under this section must be made as described in section 50-25.1-04 and must be sufficient to identify the woman, the nature and extent of use, if known, and the name and address of the individual making the report.