153714941

Pregnant woman with hands over tummy. (iStockphoto)

(AfAAfAA,A>>AfAA,AdegAfAA,A'AfAA,A,AfAA,A1/4AfAA,A,AfA' AfAAfA)

Critics today condemned a bill requiring physicians to report within two hours if they suspect a woman has been using drugs while pregnant.

Under existing law, doctors are required to notify authorities after a pregnant woman or newborn baby tests positive for drugs.

The proposed amendment, critics said, could discourage prenatal care and turn doctors into law enforcement.

The House Committee on Health held a hearing this morning on the bill proposed by Rep. Mack Butler (R-Rainbow City). The bill also states that if a drug test does come back positive, the doctor must submit a written report to police.

Alabama is one of just a few states that arrest and prosecute women for drug use during pregnancy.

Etowah County Sheriff Todd Entrekin said his agency has been one of the most aggressive in the state in pursuing these cases, and has opened 48 in the last year and a half against pregnant women and mothers.

Entrekin proposed the amendment to Butler to address the problem of women disappearing after they give birth and before authorities have been notified of a positive drug test.

"At times, the mother is gone and the baby is checked out by the time you realize there is a problem," Butler said.

Megan Skipper, a student at Auburn University who spoke on behalf of Planned Parenthood and Unite for Reproductive and Gender Equity, said the change could lead to racial profiling, since it only requires the suspicion of drug use before notifying the authorities. Skipper also said it could hurt the patient-doctor relationship, especially for addicts.

"This law could create a great deal of fear for seeking care," she said.

Susan Watson, executive director of the ACLU of Alabama, said the law could lead to further restrictions on pregnant women.

"And where would it stop?" she asked. "Not exercising? Working long hours? Inability to afford regular prenatal care? Are these going to be made a crime next? This legislation opens us up to just that."

Graham Champion, spokesman for the Alabama chapter of the American Academy of Pediatrics, did not oppose the bill but did propose a change that would specifically exclude reporting when babies test positive for drugs that were lawfully prescribed.

Without it, the law could require some doctors to report mothers who had received painkillers during or after labor, which may pass into the baby's bloodstream during breastfeeding, he said.

Champion also noted that medical professionals are already required to report suspected child abuse to the Department of Human Resources. The American Medical Association, American Congress of Obstetricians and Gynecologists and American Academy of Pediatricians all oppose laws that criminalize drug use during pregnancy.

Entrekin and Butler said the goal of the law is not to put mothers in jail, but to get them into treatment. The Etowah County Sheriff's Department has partnered with Aletheia House in Birmingham to provide treatment instead of prosecution, Entrekin said.

Butler said he is open to changing the bill.

The two-hour requirement could be increased to 24 hours, he said. And he said he is open to changing to wording to require "reasonable suspicion" instead of just suspicion. If the bill does not pass this year, he said he may introduce it during the next session.

"I consider this a pro-life bill," Butler said. "It is pro-life for the child and pro-life for the mother."