Committee Rejects Law Against Pregnant Women Using Drugs

A coalition of nurses, women’s advocates and civil libertarians has persuaded members of the House Judiciary Committee to defeat a bill aimed at punishing women who use illegal drugs while pregnant.

It was the second time such legislation has failed in Idaho. In 1991, thenGov. Cecil Andrus and thenAttorney General Larry EchoHawk proposed penalties for drug-using pregnant women. That measure died in the state Senate.

This year’s proposal died on a voice vote in the committee.

But the sponsor of the latest version, Rep. Mark Stubbs, R-Twin Falls, said he may be back in 1997 with a measure to give the Idaho Department of Health and Welfare authority over pregnant women who use drugs.

“… My county prosecutor said he needed a handle on those people who use drugs and give birth to crack-addicted babies,” Stubbs said.

Stubbs’ bill would have carried a one-year jail term or a prison sentence of up to 10 years for any woman whose baby tested positive for drugs.

That prospect could drive drug-addicted women underground, discouraging them from seeking prenatal care or even to the point of considering an abortion, said Maria Eschen, executive director of the Idaho Nurses Association.

It also might further victimize children by separating them from their drug-addicted mothers, added Jen Ray, executive director of the Idaho Women’s Network.

Both argued the state should focus on helping addicted mothers into treatment programs.