Aa
i love this
Idk if anyone has gone over this yet but new tenn. Law will criminalize expecting mothers who use drugs. It needs to be like that everywhere. My opinion ;-)
Tennessee has become the first state in the nation to pass a law criminalizing women for their pregnancy outcomes.
Republican Gov. Bill Haslam took the 10 days allotted to him to consider the advice of doctors, addiction experts and reproductive health groups urging him to veto the punitive and dangerous measure that allows prosecutors to charge a woman with criminal assault if she uses illegal drugs during her pregnancy and her fetus or newborn is considered harmed as a result. Haslam ignored these recommendations — and the recommendations of nearly every major medical association, including the White House Office of National Drug Control Policy — and signed the measure anyway.
Opponents of the new law share a concern that a lack of access to health care and treatment facilities will result in the disproportionate targeting and jailing of poor mothers and mothers of color, particularly in rural districts throughout the state.
Republican state Sen. Mike Bell, one of the seven Republicans in the state Senate to vote against the measure (every Democrat in the state Senate voted in favor), recently told Salon that this lack of access is a problem he thinks will hurt the women of his district and their families. “I represent a rural district,” he said. “There’s no treatment facility for these women there, and it would be a substantial drive for a woman caught in one of these situations to go to an approved treatment facility. Looking at the map of the state, there are several areas where this is going to be a problem.”
Only two of the state’s 177 addiction treatment facilities that provide on-site prenatal care allow older children to stay with their mothers while they are undergoing treatment. And only 19 of these facilities offer any addiction care specifically oriented toward pregnant women. Tennessee has also refused the Medicaid expansion, leaving many women without reliable access to basic medical or prenatal care, much less drug treatment.
The law does nothing to expand treatment options for women in Tennessee, a fact that did not seem to trouble Republican state Rep. Terri Lynn Weaver, who sponsored the House version of the bill and remains one of its most vocal defenders. “I don’t know what to say about [how] some [women] have insurance and some do not,” she recently told Salon. “It’s a terrible thing, but I don’t want to get into that because that’s another subject.”
Women who seek treatment after arrest may be able to avoid jail time, but drug treatment providers have expressed concerns that the language of the law as it was passed does not allow women to seek methadone or buprenorphine maintenance — recommended treatment for pregnant women addicted to narcotics — as part of their defense. Pregnant women with substance dependence to narcotics are recommended to undergo maintenance treatments — rather than detoxification — since withdrawal carries pregnancy risks.
The American Medical Association, American Academy of Pediatrics, American College of Obstetricians and Gynecologists and other major medical associations — joined by local doctors and addiction specialists — have warned that measures criminalizing pregnant women will only discourage them from seeking prenatal care and drug treatment. These concerns were made expressly clear to the governor by groups like SisterReach, a Tennessee-based reproductive justice group and Healthy & Free Tennessee, a state-wide reproductive health coalition.
“Despite our advocacy attempts and regardless of the impact this law will have on marginalized families; despite the danger that medical professionals have noted a law of this magnitude will cause, our governor chose his party over the experts,” SisterReach founder and CEO Cherisse A. Scott said in a statement. ”This law separates mothers from their children and is not patient-centered. Tennessee families who are already being hit the hardest by policies such as the failure to expand Medicaid, poverty and a lack of available drug treatment facilities will be most deeply impacted by this bill. Mothers struggling with drug addiction in Shelby County, rural communities throughout Tennessee and poor mothers and their families will be the ones who suffer the effects of this dangerous legislation the most.”
“We are very sorry to see that Governor Haslam let an opportunity to do the right thing slip through his fingers,” Rebecca Terrell, Chair of Healthy & Free Tennessee, said in a statement. “The experts could not have been clearer: this law is bad for babies and bad for Tennessee.”
Republican Gov. Bill Haslam took the 10 days allotted to him to consider the advice of doctors, addiction experts and reproductive health groups urging him to veto the punitive and dangerous measure that allows prosecutors to charge a woman with criminal assault if she uses illegal drugs during her pregnancy and her fetus or newborn is considered harmed as a result. Haslam ignored these recommendations — and the recommendations of nearly every major medical association, including the White House Office of National Drug Control Policy — and signed the measure anyway.
Opponents of the new law share a concern that a lack of access to health care and treatment facilities will result in the disproportionate targeting and jailing of poor mothers and mothers of color, particularly in rural districts throughout the state.
Republican state Sen. Mike Bell, one of the seven Republicans in the state Senate to vote against the measure (every Democrat in the state Senate voted in favor), recently told Salon that this lack of access is a problem he thinks will hurt the women of his district and their families. “I represent a rural district,” he said. “There’s no treatment facility for these women there, and it would be a substantial drive for a woman caught in one of these situations to go to an approved treatment facility. Looking at the map of the state, there are several areas where this is going to be a problem.”
Only two of the state’s 177 addiction treatment facilities that provide on-site prenatal care allow older children to stay with their mothers while they are undergoing treatment. And only 19 of these facilities offer any addiction care specifically oriented toward pregnant women. Tennessee has also refused the Medicaid expansion, leaving many women without reliable access to basic medical or prenatal care, much less drug treatment.
The law does nothing to expand treatment options for women in Tennessee, a fact that did not seem to trouble Republican state Rep. Terri Lynn Weaver, who sponsored the House version of the bill and remains one of its most vocal defenders. “I don’t know what to say about [how] some [women] have insurance and some do not,” she recently told Salon. “It’s a terrible thing, but I don’t want to get into that because that’s another subject.”
Women who seek treatment after arrest may be able to avoid jail time, but drug treatment providers have expressed concerns that the language of the law as it was passed does not allow women to seek methadone or buprenorphine maintenance — recommended treatment for pregnant women addicted to narcotics — as part of their defense. Pregnant women with substance dependence to narcotics are recommended to undergo maintenance treatments — rather than detoxification — since withdrawal carries pregnancy risks.
The American Medical Association, American Academy of Pediatrics, American College of Obstetricians and Gynecologists and other major medical associations — joined by local doctors and addiction specialists — have warned that measures criminalizing pregnant women will only discourage them from seeking prenatal care and drug treatment. These concerns were made expressly clear to the governor by groups like SisterReach, a Tennessee-based reproductive justice group and Healthy & Free Tennessee, a state-wide reproductive health coalition.
“Despite our advocacy attempts and regardless of the impact this law will have on marginalized families; despite the danger that medical professionals have noted a law of this magnitude will cause, our governor chose his party over the experts,” SisterReach founder and CEO Cherisse A. Scott said in a statement. ”This law separates mothers from their children and is not patient-centered. Tennessee families who are already being hit the hardest by policies such as the failure to expand Medicaid, poverty and a lack of available drug treatment facilities will be most deeply impacted by this bill. Mothers struggling with drug addiction in Shelby County, rural communities throughout Tennessee and poor mothers and their families will be the ones who suffer the effects of this dangerous legislation the most.”
“We are very sorry to see that Governor Haslam let an opportunity to do the right thing slip through his fingers,” Rebecca Terrell, Chair of Healthy & Free Tennessee, said in a statement. “The experts could not have been clearer: this law is bad for babies and bad for Tennessee.”
Haslam signed the bill despite calls from health and women's organizations to veto the bill.
National Advocates for Pregnant Women, a New York-based advocacy organization, says despite attempts by other states, Tennessee is the first to pass such a bill. Under the law, the women would be charged with misdemeanor assault.
Haslam said Tuesday after signing the bill that he is aware of the concerns opponents have to the measure and will use updates with the courts and health professionals to monitor its impact.
"In reviewing this bill, I have had extensive conversations with experts including substance abuse, mental health, health and law enforcement officials," Haslam said 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."
Those opposed to the bill were concerned that it would only wind up hurting the babies. They fear that women will not get prenatal care because they'll be afraid of going to jail. They also fear that new mothers will not get their babies help when the infants start to show signs of suffering from drug dependence because the moms are afraid of getting arrested.
The Haslam administration has said that women who seek drug treatment while pregnant and complete the program will not be charged.
Health care workers note that signs of drug dependency can come days or weeks after the baby has been born and first leaves the hospital.
The American Civil Liberties Union on Tuesday called the law dangerous and said Haslam overlooked widespread calls for a veto of the bill, including from doctors.
"Today, the Tennessee governor has made it a crime to carry a pregnancy to term if you struggle with addiction or substance abuse," Alexa Kolbi-Molinas, staff attorney with the ACLU Freedom Project, said in a statement. "This deeply misguided law will force those women who need health care the most into the shadows. Pregnant women with addictions need better access to health care, not jail time."
Tennessee prosecutors had fought for the law. They argued that it was the only way to get mothers into drug treatment and stop so many children from being harmed as a result of their mothers using drugs while pregnant.
National Advocates for Pregnant Women, a New York-based advocacy organization, says despite attempts by other states, Tennessee is the first to pass such a bill. Under the law, the women would be charged with misdemeanor assault.
Haslam said Tuesday after signing the bill that he is aware of the concerns opponents have to the measure and will use updates with the courts and health professionals to monitor its impact.
"In reviewing this bill, I have had extensive conversations with experts including substance abuse, mental health, health and law enforcement officials," Haslam said 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."
Those opposed to the bill were concerned that it would only wind up hurting the babies. They fear that women will not get prenatal care because they'll be afraid of going to jail. They also fear that new mothers will not get their babies help when the infants start to show signs of suffering from drug dependence because the moms are afraid of getting arrested.
The Haslam administration has said that women who seek drug treatment while pregnant and complete the program will not be charged.
Health care workers note that signs of drug dependency can come days or weeks after the baby has been born and first leaves the hospital.
The American Civil Liberties Union on Tuesday called the law dangerous and said Haslam overlooked widespread calls for a veto of the bill, including from doctors.
"Today, the Tennessee governor has made it a crime to carry a pregnancy to term if you struggle with addiction or substance abuse," Alexa Kolbi-Molinas, staff attorney with the ACLU Freedom Project, said in a statement. "This deeply misguided law will force those women who need health care the most into the shadows. Pregnant women with addictions need better access to health care, not jail time."
Tennessee prosecutors had fought for the law. They argued that it was the only way to get mothers into drug treatment and stop so many children from being harmed as a result of their mothers using drugs while pregnant.
Pregnant women who harm their babies by using narcotics while pregnant will face criminal charges under a new bill signed into law this week in Tennessee, a move decried by health and women’s rights organizations.
Republican Gov. Bill Haslam signed the legislation that would allow women to be charged with assault if they abuse narcotics while pregnant and give birth to a child who is dependent on drugs or harmed as a result.
Republican Gov. Bill Haslam signed the legislation that would allow women to be charged with assault if they abuse narcotics while pregnant and give birth to a child who is dependent on drugs or harmed as a result.
Thanks oct3014! Just to clarify another point, this law is not going after people who used occasionally before they found out they were pregnant. The goal is to reduce the number of babies who are born seriously addicted to whatever illegal drug their mother used and are forced to go through horrific withdrawal after birth.
I think @katyrb cleared it up and is right about the correct info being posted about this law because it could be ppl on here going through this now and need to know facts not bits and pieces.
AOlivia94 has hit it right on the nose. This makes poor women suffer more. It makes minority women suffer more. It makes miscarriages crimes even if the miscarriage is completely unrelated to drug use. How many people here drank alcohol or smoked cigarettes or smoked pot before knowing they were pregnant? How many people take prescription medication that can be harmful and don't stop until weeks into a pregnancy when they get that positive test? Women who have plenty of money can easily avoid prosecution or CPS involvement despite their addictions... women who are poor will have to hide away and avoid getting proper prenatal care - many babies will suffer and some will die because addiction is treated as a crime instead of an illness. It is prosecuted instead of treated. It is an ignorant way to deal with the problem and it helps nobody. This isn't something to be happy about - even if it gives you something to feel superior about it isn't going to improve the quality of life for the moms and babies who need care.
No no no, the law has a provision that if they seek treatment and work to stop using they will not be prosecuted and will be helped. Its only if they refuse treatment and continue to use while pregnant that they will face prosecution. Its so important that correct information gets out about this law. It could help a lot of mothers and babies, but not if they are afraid to go to the dr!
Those mothers will all just stop seeing doctors and probably try to give birth at home, alone without any medical help to stay out of trouble and most likely won't seek any medical help should something go wrong during or after birth. I realize it is their own fault and they put themselves in that situation but now they cant seek help to quit using during the pregnancy. We should be supporting their efforts to quit using instead of scaring them away from good medical care.
So will they not receive the help they need to get clean and get their children back or will they just go straight to jail?? I also thought this was already a law?
That will just prevent them from seeking proper prenatal care. Glad to hear your happy but babies will suffer from it.
Really? Do they still get the help they need though? =/ I'm so conflicted on this, on one hand it's good but I can't help but wonder how many mothers won't seek out the medical help they need to quit or just in general if they get slapped with a criminal record =/
I thought that was already a law?
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