Tennessee State Senate Bill Regarding Pregnancy Drug Abuse

The Tennessee State Senate now holds a bill that passed the State House that would allow Tennessee authorities to arrest women for damage done to their infants as a result of their drug abuse.  The passage of this bill would reinstate the ability of state authorities to punish pregnant drug abusers, which was taken away two years ago when such criminal penalties were removed from the books.

This should create concern for Tennesseans.  Such action may prevent many people that are drug abusers from seeking professional help for their addictions once they have learned of their pregnancy, thereby putting the mother and the child at greater risk.  Mothers coming off of the addictions without the proper help could become suicidal or go into severe withdrawals, which would put both them and their child at risk, or they may be unsuccessful in their attempts.  Additionally, such legislation may prevent mothers from seeking prenatal help for their children.

Regardless, infants addicted to drugs when they are born pose a major problem that must be addressed.  Many had hoped that a bill labeled as the Safe Harbor Act passed last year would address this issue as it incentivized mothers to get treatment and kick their addiction.  Apparently, many state legislatures are giving up hope on that Act, which many assert has not had enough time to have an impact.

It will be interesting to see how this law can be enacted.  The big questions that remain to be answered are: when would a woman become liable for the damage to a fetus?  Is it with drug abuse after knowledge of pregnancy or after conception?  How does this apply to alcohol abuse?

Stay tuned as we watch to see what actions the Tennessee State Senate will take.

UPDATE - The Tennessee State Senate has now passed this bill and it is on way to the governor.