Allison Glass, State Director of Healthy and Free TN, told media on Tuesday (1/26/16) that she and others are against a law on Tennessee books that leads to the prosecution of mothers to be who use opiates while pregnant. The law is set to expire on July 1, 2016 if no action is taken by lawmakers. However, politicians want to delete the expiration date of the law to keep it on the books indefinitely.

The fetal assault law was passed in 2014 in Tennessee. It allows mothers of babies born with Neonatal Abstinence Syndrome (NAS) to be charged with "Fetal Assault." NAS occurs when soon to be mothers take opiates during their pregnancy.

Glass released a letter signed by more than 35 local, state and federal groups urging Tennessee legislators to focus on advancing fair and effective policies to support women and families and put an end to the fetal assault law.

Glass wrote in a press release:

"Tennessee's fetal assault law has harmed the very families it claims to help. It has resulted in the arrest of more than thirty women. It has torn mothers away from their young children and made them scared to seek care. There is growing momentum behind the effort to push for this law to sunset. In fact, more than 35 local, state and national organizations signed on to a letter opposing this law and calling on Tennessee lawmakers to halt any efforts to extend the law.

When Tennessee enacted the fetal assault law, women were told that they can avoid jail time if they complete a treatment program, but in actuality many women are being forced into the criminal justice system because they either cannot afford paying out of pocket for medication assisted treatment or they are turned away from treatment programs because there are not enough facilities available.

As we talk with people here in Tennessee and throughout the county we hear that people are concerned about the harmful impacts of this law. The fact is that women's health, rights and safety are at stake when going to seek healthcare results in the threat of criminal sanctions - especially in light of the disparate impact that these kinds of policies have on low-income women and women of color.

Tennessee is spending tax dollars putting mothers through the costly criminal justice system when those funds could be used to expand access to evidence based treatment programs in Tennessee that provide care for pregnant women, as well as programs that allow older children to stay with their mothers. For areas of the state with high NAS rates, lawmakers should also look at developing and funding pilot maternity and infant care programs that are based on recommendations for infants with NAS symptoms and that increase the quality, safety and value of newborn care in our state."

We urge Tennessee lawmakers to oppose Senate Bill 1629 and House Bill 1660. Let this harmful law sunset and instead commit to more effective, evidence-based solutions to address pregnancy and drug use."

The bills in question completely wipe out the ending date of the law in order to keep it alive past July of 2016:

SB 1629/HB 1660: Criminal Offenses - As introduced, deletes the July 1, 2016, termination date for legislation permitting the prosecution of a woman for assault of a fetus based on her illegal use of narcotic drugs while pregnant and creating the affirmative defense that the woman completed an addiction recovery program. - Amends TCA Title 39, Chapter 13, Part 1 and Chapter 820 of the Public Acts of 2014.

SECTION 1. Chapter 820 of the Public Acts of 2014 is amended in SECTION 3 by deleting the language "and shall cease to be effective July 1, 2016". SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.

Organizations Opposing SB 1629/HB 1660 and Calling for the Sunset of the TN Fetal Assault Law:

1. ACCESS Women's Health Justice
2. Advocates for Youth
3. American Civil Liberties Union (ACLU)
4. American Civil Liberties Union of Tennessee (ACLU-TN)
5. Amnesty International
6. AWAKE
7. Catholics for Choice
8. Center for Reproductive Rights
9. Chattanooga Organized for Action
10. CHOICES: Memphis Center for Reproductive Health
11. Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR)
12. The First Year Foundation Incorporated
13. Forward Together
14. Healthy and Free TN
15. Just City
16. Law Students for Reproductive Justice - Vanderbilt
17. Mercy Junction Justice and Peace Center
18. Multidisciplinary Intensive Support Treatment (MIST)
19. Nashville Feminist Collective
20. National Advocates for Pregnant Women (NAPW)
21. National Alliance for Medication Assisted (NAMA) Recovery of Tennessee
22. National Asian Pacific American Women's Forum (NAPAWF)
23. National Asian Pacific American Women's Forum - Nashville chapter
24. National Council of Jewish Women (NCJW)
25. National Council of Jewish Women (NCJW) - Tennessee section
26. National Institute for Reproductive Health
27. National Latina Institute for Reproductive Health
28. National Network of Abortion Funds (NNAF)
29. National Partnership for Women and Families (NPWF)
30. National Women's Law Center
31. Physicians for Reproductive Health
32. SisterReach
33. SisterSong: National Women of Color Reproductive Justice Collective
34. SPARK Reproductive Justice Now
35. Tennessee Association of Alcohol, Drug & other Addiction Services (TAADAS)
36. West Virginia Free
37. Women's Fund of Greater Chattanooga
38. Women's Foundation for a Greater Memphis