Section 145.902 Safe Place for Newborns; Hospital Duties; Immunity

MINNESOTA STATUTES AND CODES

Section 145.902 Safe Place for Newborns; Hospital Duties; Immunity

145.902 SAFE PLACE FOR NEWBORNS; HOSPITAL DUTIES; IMMUNITY.

Subdivision 1.General.

(a) A hospital licensed under sections 144.50 to 144.56 shall receive a newborn left with a hospital employee on the hospital premises, provided that:

(1) the newborn was born within 72 hours of being left at the hospital, as determined within a reasonable degree of medical certainty; and

(2) the newborn is left in an unharmed condition.

(b) The hospital must not inquire as to the identity of the mother or the person leaving the newborn or call the police, provided the newborn is unharmed when presented to the hospital. The hospital may ask the mother or the person leaving the newborn about the medical history of the mother or newborn but the mother or the person leaving the newborn is not required to provide any information. The hospital may provide the mother or the person leaving the newborn with information about how to contact relevant social service agencies.

Subd. 2.Reporting.

Within 24 hours of receiving a newborn under this section, the hospital must inform the local welfare agency that a newborn has been left at the hospital, but must not do so before the mother or the person leaving the newborn leaves the hospital.

Subd. 3.Immunity.

(a) A hospital with responsibility for performing duties under this section, and any employee, doctor, or other medical professional working at the hospital, are immune from any criminal liability that otherwise might result from their actions, if they are acting in good faith in receiving a newborn, and are immune from any civil liability that otherwise might result from merely receiving a newborn.

(b) A hospital performing duties under this section, or an employee, doctor, or other medical professional working at the hospital who is a mandated reporter under section 626.556, is immune from any criminal or civil liability that otherwise might result from the failure to make a report under that section if the person is acting in good faith in complying with this section.