"It has torn mothers away from their young children and made them scared to seek prenatal care and drug treatment.". The bill provides an incentive for women who enroll in an addiction rehabilitation program while pregnant. Don't Repeat Them. A 2000 report by the Women’s Law Project and National Advocates for Pregnant Women1 Leave for adoption, pregnancy, childbirth and nursing an infant. News Channel 5 observed a similar law – called the Fetal Assault Law – was enacted in Tennessee in 2014, but the legislation contained a sunset clause that led to its expiration in 2016. The law was originally passed in response to the growing number of babies born with "neonatal abstinence syndrome," a group of symptoms that can occur when babies are in withdrawal from exposure to narcotics. That's exactly what happened. “What’s important is that we create environments where we’re really diminishing the stigma and the barriers, particularly for pregnant women, who often have a lot of shame and guilt about their substance abuse disorders,” Botticelli said, according to the Nashville Tennessean. So let's ask what the real-world effects are. From NPR, “A small but pivotal group of Tennessee representatives voted Tuesday to discontinue one of the state’s most divisive criminal laws. Effective October 1, 2013, a new Tennessee law (T.C.A. Similarly, Michael Botticelli, a former Obama administration drug policy czar, criticized the law at the time for seeking to “criminalize” addiction. Addiction is a disease and you have to treat it like a disease. Mothers need support and care. § 53-10-112). Babies with NAS may be irritable, have trouble feeding and sleeping or suffer from vomiting and diarrhea, but medical professionals stress that the condition is treatable. A controversial Tennessee law that explicitly makes it a crime to use drugs while pregnant will officially die this summer. Six Domestic Violence Survivors Explain Why It's Never That Simple. Across the country, hundreds of pregnant women and new mothers have been accused of child abuse or other crimes when they or their newborns tested positive for controlled substances. Of those, 1 in 5 reported misuse of prescription opioids, defined as getting them from a non-healthcare source or using them for a … 12 Feb 2019 252 2:47 Two Tennessee state lawmakers have filed a bill that would seek to prosecute pregnant women who are abusing narcotic drugs and whose babies are born harmed or addicted to drugs. Tap here to turn on desktop notifications to get the news sent straight to you. During pregnancy According to 2019 self-reported data, about 7% of women reported using prescription opioid pain relievers during pregnancy. Since the legislation went into effect, health advocates have reported that women are skipping prenatal care, avoiding giving birth at hospitals and even leaving the state to deliver. Ari Shapiro, of NPR's All Things Considered, has been reporting from Tennessee. In 2014, Tennessee made national news when it became the first state in the country to pass a law specifically making it a crime to use drugs while pregnant. The bill, if passed, would take effect on July 1, 2019. "Women are being turned away and waiting lists can have hundreds and even over 1000 people on them at any given time," she said. While Tennessee is the only state that has passed a bill allowing women to be charged with assault if they use narcotics while pregnant, others, such as Alabama and South Carolina, use interpretations of existing laws to prosecute pregnant women who use drugs. ©2021 BuzzFeed, Inc. All rights reserved. Fetal assault law. 10 states prohibit publicly funded drug treatment programs from discriminating against pregnant women. Lawmakers in Tennessee introduced a bill that would charge women with assault if found to have used illegal drugs while pregnant and if the baby was born addicted or harmed by the drug use. Those who successfully complete the program can assist themselves in their defense. §§ 39-13-107 & 39-13-214) to allow a woman to be prosecuted for the illegal use of a narcotic while pregnant, if her child is born addicted to or harmed by the narcotic drug and the addiction or harm is a result of her illegal use of a narcotic drug taken while pregnant. We need policies that focus on our health and the health of our children. Last week, Republicans state Rep. Terry Lynn Weaver and state Sen. Janice Bowling filed HB1168/SB0659, reports WZTV News. A contrary finding in this case could result in penalizing women for see… Recent reports suggest that it has resulted in the arrest of at least 100 women and research shows that some women are serving as much as six months in jail," said Allison Glass, State Director of Healthy and Free TN, in a statement. Tips? According to this study by Pro Republica, The following states consider substance abuse during pregnancy a form of child abuse. "This law has harmed the very families it claims to help. I ended up giving birth on the side of the road trying to avoid going to a Tennessee hospital. Tennessee bill to revive ‘fetal assault’ law would prosecute women who use drugs during pregnancy. On April 29, the Tennessee Legislature passed a bill that will allow a mother to be prosecuted for causing a child to be born addicted or harmed because of her illegal use of narcotics during the pregnancy. In many places, women lose their children or end up in behind bars, sometimes even if the drug was prescribed. "This is not only unconscionable, it is bad policy.". ... the new law will take effect on July 1, 2019. Several leading medical organizations opposed the legislation and cautioned that it would have a negative public health effect of scaring women away from seeking medical help. The proposal — House Bill 1168 — was introduced last week by state Sen. Janice Bowling (R) and state Rep. Terri Lynn Weaver (R), according to WDBJ-TV . New Tennessee laws taking effect July 1, 2018. One woman speaking out against the effects of the fetal assault law is Brittany Hudson. Two Tennessee state lawmakers have filed a bill that would seek to prosecute pregnant women who are abusing narcotic drugs and whose babies are born harmed or addicted to drugs. This case clarifies a mother’s use of drugs while pregnant should not be deemed child abuse with corresponding inclusion in child abuse registries without explicit statutory language to support such a finding. Dozens of new laws impacting every area of state and local government go into effect on July 1, 2018. NASHVILLE, TN (WDBJ/Gray News) - Tennessee lawmakers are looking to punish women who use narcotic drugs during pregnancy if the baby becomes addicted to those drugs. A new Tennessee bill seeks to charge pregnant women who abuse narcotic drugs during pregnancy. Tennessee women who use drugs while pregnant can be criminally charged for harm done to their infants beginning July 1. Men Offer Abhorrent Excuses For Killing Women. Please let us know if you're having issues with commenting. In 2014, Tennessee made national news when it became the first state in the country to pass a law specifically making it a crime to use drugs while pregnant. Part of HuffPost Politics. We made it easy for you to exercise your right to vote! Use of imitation controlled substances: Class A misdemeanor; <1yr; $250-$2,5000 39-17-454(c) Manufacture, delivery, sale of a The bill says women who used narcotics during their pregnancy could face prosecution if their baby is harmed or born with an addiction. Send an email or follow her on Twitter. Background In the wake of the crack epidemic of the 1980s, most states passed laws to address drug and alcohol use by pregnant women. Melissa Jeltsen covers domestic violence and other issues related to women's health, safety and security. “This dangerous law unconstitutionally singles out new mothers struggling with addiction for criminal assault charges,” Thomas Castelli, legal director of the ACLU Tennessee, said in a statement. ... to or harmed by the narcotic drug and the addiction or harm is a result of the woman’s illegal use of a narcotic drug while pregnant,” the bill reads. ... • HB2068 Drug … Only two of Tennessee’s 177 licensed residential treatment facilities provide prenatal care on site and allow older children to stay with their mothers. ... it is the law…. The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA or Parity Law) promised equity in the insurance coverage of mental health and substance use disorder care, but years later mental health parity is still not a reality and too many Americans continue to be denied care when they need it the most. Jami says. Tennessee is the only state that has enacted a law that targets substance use by pregnant women on the basis of presumed harm to the fetus or child. This law is making it so much harder for moms who are already struggling to get by - women like me who know they need to stop using and just need assistance. Either they didn't have room or they didn't treat pregnant women. two of Tennessee’s 177 licensed residential treatment facilities, helpful breakdown of how states handle drug use, Why Some Tennessee Women Are Afraid To Give Birth At The Hospital, Please, Stop Locking Up Pregnant Women For Using Drugs, Listen To Women Describe The Horror Of Being Shackled While Pregnant, 'Vagina Monologues' Production Reminds Female Inmates They Aren't Forgotten, Inside A Notorious Women's Prison Before Its Revolutionary Makeover, A Cop Faces Charges Of Serial Rape, Yet His 13 Black Accusers Are On Trial, We're Missing The Big Picture On Mass Shootings, Why Didn't You Just Leave? 4-21-408. § 53-11-308) set a limit on the amount of Schedule II and III drugs being prescribed or dispensed for a 30-day supply. Ann. Tennessee Code: Title 39 Criminal Code. The controversial legislation is set to expire this summer -- unless lawmakers extend it. Then I heard about a new law that would allow moms to be arrested if they used drugs while pregnant. Tennessee representatives voted to discontinue a controversial law that explicitly allowed prosecutors to charge a mother with fetal assault for using drugs while pregnant. In 2014, Tennessee became the first (and only) state to pass a law that criminalized drug use during pregnancy, after a district court judge added an additional six years to the prison sentence of a woman who had been involved in a methamphetamine manufacturing operation while pregnant. SUBSCRIBE NOW $1 for 3 months. This article has been updated to note that the hearing on the fetal assault bill was rescheduled. The law would punish them for the effect on their babies. “Treatment is always the best option, particularly, when it comes to pregnant women, and pushing women towards abortion because she’s afraid of DCS [Department of Children’s Services] is not the way we want to go,” she said, according to News Channel 5. 19 states have either created or funded drug treatment programs specifically targeted to pregnant women, and 17 states and the District of Columbia provide pregnant women with priority access to state-funded drug treatment programs.
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