Research Paper on Substance Addicted

Introduction

The controversy surrounding the legal rights of an unborn child of a drug addicted mother is growing in this country. One out of every five pregnant women in the United States participates in some form of substance abuse (ANA). This number is staggering. The treatment of the pregnant women is at this time under debate. The two sides of the controversy are punishment and prevention. Legal and ethical standards are not consistent in the area of punishment and prevention. Each state has a different legal view for pregnant addicts with punishment being the first choice. There is no federal involvement on either side of the issue to allow for consistency or prevention program to be developed. This study will overview criminal liability on drug addicted mothers and discuss prevention programs available. Criminal prosecution cases will be presented in this paper as well as cases where prevention has worked.

Thesis Statement

This paper will explore the ethical and legal issues of drug addicted pregnant women with a focus on punishment or prevention as solutions. Should drug addicted pregnant woman be locked up as a criminal or should we as a society offer prevention programs to improve the life of these women as well as their children.

Research

Research for this topic was completed by reviewing numerous articles including state by state case studies, criminal liability, prevention of substance abuse, and the financial cost to the health care system. An internet search was completed for information and the data retrieved was incorporated into this study. Health care workers were interviewed to see how this controversy affects the healthcare system and their roles as health care providers. The frustration experienced with obtaining information regarding follow up care facilities, when your patient is the drug addicted mother was the healthcare provider's main concern.

Society daily faces many ethical and legal issues. The issue of drug addicted pregnant mothers refusing treatment even though there is potential harm to the fetus is fast becoming one of the major ethical and legal concerns for health care system and society today. Healthcare providers are at times placed in difficult situation trying to provide care to the mother and fetus when proper care is unwanted by the mother. There are limited drug rehabilitation centers available for the drug addicted mothers to be. The most difficult situation to deal with is when the family request help but the mother refuses. This places the healthcare provider in a difficult situation with no legal recourse. Research presents many different issues related to this subject including: the cost of healthcare, legal punishment for drug abusing pregnant women, prevention as an alternative, and the role society plays in this growing issue. Society and healthcare systems share the increase in health care cost and educational expenses of the affected fetus. Therefore, a change must occur in the way the legal system deals with the pregnant substance abusers. Prevention of substance abuse by pregnant women should be the focus, and not criminal prosecution (Hainer, 1996).

The threat of criminal prosecutions is counter productive in that it prevents women from seeking prenatal care and treatment for their drug addiction. Criminalization is the first answer with the pregnant addict. Addiction must be treated more as a disease in need of treatment and less a crime in need of punishment (Opposition to Criminal Prosecution). The majority of pregnant addicts have them selves been abused. They grew up with drug addicted mothers, molestation, and physical abuse. Punishment of these individuals continues the cycle of abuse for these women (Criminal Prosecution against Pregnant Women).

This has become a costly problem to today's healthcare system and society. Within the last 5 years the number of drug addicted pregnant women has grown. The cost to the

Healthcare system in finances and manpower is overwhelming. The cost to our school system will continue to rise as children with drug related disabilities grow. Society should work together to prevent the most important loss which is the children. The Center for Substance Abuse Treatment (CSAT) reported that each American taxpayer pays $1,050 a year to cover the $276 billion cost to the nation of untreated substance abuse. If current trends continue, CSAT predicts that medical, healthcare, and child welfare costs of people in need of substance abuse treatment will be more than $1 trillion dollars over the next 20 years.

Health care workers are also under the strain of taking care of these patients and their families. In an interview with a emergency room RN (LL). She expressed her belief that drug addicted mothers should be forced to have treatment. This RN also felt the unborn child should have rights. LL displayed frustration with the inconsistencies in dealing with drug addicted mothers. The facilities and resources available to help are too few. Her main concern involved health care providers having to spend too much time trying to find available resources and taking time away from her other patients. LL stated "I just wish there was one place to call to get the information you needed." LL is pregnant herself so when asked if she had the right to refuse treatment she stated "only if the baby is not harmed". In an interview with a behavioral health RN (PC) her focus was a little different. She felt a pregnant woman drug addicted included should have the right to make a decision about health care. PC felt more facilities should be available for drug addicted mothers, but felt that forcing the mother to go was not the answer. A patient must be willing to accept treatment for that treatment to work. Forcing the patient by legal punishment was not the answer, but if the pregnant addict would not seek help then punishment would need to be a threat. Although, the healthcare providers had slightly different ideas concerning punishment and prevention of the pregnant addict they agreed on the same outcome. The best outcome was a health baby and a drug free mother. The interviewees were passionate in their responses. The health care providers displayed frustration with the inconsistency in the legal system. They were also concerned with the lack of rehab facilities available and readily obtained information regarding this issue.

Legally each state is responsible for developing laws related to drug addicted mothers.