Pubdate: Tue, 29 Apr 2014
Source: Tennessean, The (Nashville, TN)
Copyright: 2014 The Tennessean
Contact: http://www.tennessean.com/SITES/OPINION/submit-editor.shtml
Website: http://www.tennessean.com/
Details: http://www.mapinc.org/media/447
Author: Tony Govzalez

TN WILL CRIMINALIZE MOMS WHO USE DRUGS WHILE PREGNANT

Tennessee women who use drugs while pregnant can be criminally charged
for harm done to their infants beginning July 1.

Gov. Bill Haslam signed the legislation Tuesday after "extensive
conversations with experts including substance abuse, mental health,
health and law enforcement officials," he wrote in a statement. "The
intent of this bill is to give law enforcement and district attorneys
a tool to address illicit drug use among pregnant women through
treatment programs."

The governor's decision comes after a week of mounting nationwide
opposition from civil and reproductive rights groups. They argued that
criminalization would drive vulnerable women away from drug addiction
treatment.

"I understand the concerns about this bill, and I will be monitoring
the impact of the law through regular updates with the court system
and health professionals," Haslam wrote.

The law brings back criminalization, which lawmakers had eliminated
two years ago as the state moved toward programs that incentivize
expecting mothers to get into treatment.

Tennessee officials have wrestled with what to do about the growing
numbers of infants born dependent on drugs and who often suffer from a
condition known as neonatal abstinence syndrome.

The legislation would allow mothers to avoid criminal charges if they
get into one of the state's few treatment programs. Haslam said he
wants doctors to encourage women to get into treatment before
delivering their babies so they can avoid charges.

The proposal also includes an unusual sunset provision, which means
the criminal penalty will be in effect until 2016. At that time,
lawmakers will have to revisit the issue.

Opponents, including five national medical organizations and local
doctors who treat pregnant women, worry that criminalization will
scare women away from treatment and reverse last year's Safe Harbor
Act, which protected the custody rights of mothers and gave them
priority placement into the state's limited number of treatment programs.

The director of the American Civil Liberties Union of Tennessee -
joined by the national ACLU - said she was "extremely disappointed" by
the governor's decision.

"A pregnant woman struggling with drug or alcohol dependency will now
be deterred from seeking the prenatal care she needs," said Hedy Weinberg.

Abuse of prescription painkillers has fueled a tenfold increase in
such births in the past decade, sending health officials scrambling.
There were 921 drug-dependent births in 2013 and 253 so far this year.
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