Tennessee legislation in the House and the Senate aim to address the problem of babies being born addicted to drugs by creating legal consequences for the mothers. Though it has good intentions, the legislation has divided opinion on whether it will ultimately help or hurt the sick infants.
Multiple bills offer drug-addicted mothers prosecution or rehab
Tennessee bills HB 1295 & SB 1391, and HB 1519 & SB 2532, allow a mother to be prosecuted if she took drugs while pregnant and her child was harmed because of it. A woman in this position has a choice: she can face a misdemeanor charge or agree to attend a recovery program through the state’s drug court system. If she does enroll in and complete an addiction recovery program, she may use that as a defense to avoid prosecution, even if her infant was harmed by her behavior.
Number of babies addicted to drugs at birth growing
More than 13,000 drug-addicted infants were born in 2009, and the numbers have increased since then. Tennessee alone reported 855 infants born addicted to drugs in 2013. According to Tennessee Health Department Commissioner John Dreyzehner, only 33% are addicted to illegal drugs; 41% are addicted to drugs prescribed by a doctor. The federal government does not keep statistics on babies born addicted to prescription drugs, but Dreyzehner ordered Tennessee hospitals and medical centers to do so. Dreyzehner is also lobbying the FDA to better label prescription drug bottles and warn of the dangers of taking prescription drugs while pregnant.
Infants exposed to drugs in the womb may be born addicted, suffering from Neonatal Abstinence Syndrome (NAS). These babies often experience seizures, have a difficult time feeding, cry incessantly, and sweat, vomit, and tremble. They are usually given small amounts of morphine or methadone to alleviate the symptoms and are slowly weaned off the drugs. As of last year, the cost of caring for a baby born with NAS averaged $62,973, versus $7,763 for non-NAS babies.
Would this law ultimately help or harm drug-addicted babies?
Supporters of the bills hope to see a reduction in number of babies born with NAS. Representative Terri Lynn Weaver (R), who is a primary sponsor of HB 1295 along with Reginald Tate (D), considers it child abuse. She stresses that the bill is not intended to go after women taking prescription drugs during pregnancy – a large percentage of the mothers of NAS infants – but only “the worst of the worst,” or women who abused cocaine and heroin. She would like to see these women complete the rehab program through the drug courts.
Detractors are worried that this legislation will do more harm than good. Facing a criminal charge or rehab, drug-addicted mothers may not seek the critical help they need, ultimately leading to a worse outcome for the babies. Dr. Jessica Young of Vanderbilt points out that whether a drug is prescribed or not – heroin or OxyContin – the result to the infant is the same. It doesn’t make sense to distinguish between the two if the real aim is to help the sick infants rather than just punish the mothers.
The issue of a mother’s rights to her own body while is pregnant or nursing is murky at best. Just last week, an Arkansas woman was arrested for endangering the welfare of a child after drinking alcohol and breastfeeding, even though it’s not illegal under state law.
The Tennessee legislation should see action in the Senate in the coming week.
