He's in our studios now. Today is National Voter Registration Day! In an op-ed for the Knoxville News Sentinel, she describes giving birth on the side of the road, after trying unsuccessfully to get into treatment: "I called and called. 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. A 2000 report by the Women’s Law Project and National Advocates for Pregnant Women1 In many places, women lose their children or end up in behind bars, sometimes even if the drug was prescribed. Those who successfully complete the program can assist themselves in their defense. Here’s how. ", Sign up for membership to become a founding member and help shape HuffPost's next chapter. 10 states prohibit publicly funded drug treatment programs from discriminating against pregnant women. www.capitol.tn.gov As introduced, SB 659 would have allowed an individual to be prosecuted for assault for the illegal use of a narcotic while pregnant, if their child is born addicted to or harmed by the narcotic drug and the addiction or harm is a result of their illegal use of a narcotic drug taken while pregnant. Dozens of new laws impacting every area of state and local government go into effect on July 1, 2018. In 2014, when the state passed the so-called fetal assault law over vocal opposition by medical health professionals, it included a built-in expiration date . The bill says women who used narcotics during their pregnancy could face prosecution if their baby is harmed or born with an addiction. Don't Repeat Them. Similarly, Michael Botticelli, a former Obama administration drug policy czar, criticized the law at the time for seeking to “criminalize” addiction. 6 . Tennessee is the only state that has a statute that explicitly states that drug use during pregnancy is a crime. I did not want to see an obstetrician, afraid that if I asked for help I would be arrested. Please let us know if you're having issues with commenting. ... it is the law…. § 53-10-112). 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. ©2021 BuzzFeed, Inc. All rights reserved. The state of Tennessee says the way women behave during pregnancy can be a crime. §§ 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. Gov. Rep. Mike … Part of HuffPost Politics. of imitation controlled substances: Class E felony; 1-2yrs; $2,000-$5,000 . "This is not only unconscionable, it is bad policy.". Under a proposed Tennessee law, drug-dependent pregnant women will shun the critical care they need to avoid being stigmatized and prosecuted. By: Laken Bowles Posted at 12:57 PM, Feb 12, 2019 The bill will allow a woman to be prosecuted for assault if the infant she is carrying is harmed or dies. Ari Shapiro, of NPR's All Things Considered, has been reporting from Tennessee. The law would punish them for the effect on their babies. So let's ask what the real-world effects are. Tennessee To Decide If It Will Keep Criminalizing Pregnant Women For Drug Use, "Mothers need support and care... We do not need jails and judgment. 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. An appendix contains the text of state laws that require reporting of substance-exposed newborns. § 53-11-308) set a limit on the amount of Schedule II and III drugs being prescribed or dispensed for a 30-day supply. Use of imitation controlled substances: Class A misdemeanor; <1yr; $250-$2,5000 39-17-454(c) Manufacture, delivery, sale of a Only two of Tennessee’s 177 licensed residential treatment facilities provide prenatal care on site and allow older children to stay with their mothers. The site is not operated by, nor is it under the control of, The Tennessee … 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. 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. Last week, Republicans state Rep. Terry Lynn Weaver and state Sen. Janice Bowling filed HB1168/SB0659, reports WZTV News. 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. 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. 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. 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. Tennessee Code - Lexis Law Link. Background In the wake of the crack epidemic of the 1980s, most states passed laws to address drug and alcohol use by pregnant women. 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. Tennessee representatives voted to discontinue a controversial law that explicitly allowed prosecutors to charge a mother with fetal assault for using drugs while pregnant. Tennessee Drug Statutes Chart . However, Mathilde Mellon, founder of the Pregnancy Help Center, said the current bill encourages drug-abusing women to obtain treatment. 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? Send an email or follow her on Twitter. Feedback? 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 . Glass noted that while the women are told they can avoid jail time if they seek treatment, the state does not have enough beds to support the need. The bill provides an incentive for women who enroll in an addiction rehabilitation program while pregnant. Leave for adoption, pregnancy, childbirth and nursing an infant. 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. One woman speaking out against the effects of the fetal assault law is Brittany Hudson. Tennessee grapples with meth abuse during pregnancy Weaver’s bill specifically sought to extend the law beyond its July 1 sunset date. A new Tennessee bill seeks to charge pregnant women who abuse narcotic drugs during pregnancy. We made it easy for you to exercise your right to vote! We do not need jails and judgment.". A Tennessee bill looks to prosecute pregnant women for assault if they use illegal drugs and the child is born addicted or harmed from the drug use. Critics of the Tennessee law maintain that jailing mothers and separating them from their babies can result in far more severe health outcomes than NAS. Then I heard about a new law that would allow moms to be arrested if they used drugs while pregnant. SB 1391 amends Tennessee’s fetal homicide law (Tenn. Code. According to this study by Pro Republica, The following states consider substance abuse during pregnancy a form of child abuse. 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.