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How are states regulating the use of drugs and alcohol during pregnancy?

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Abstract

In March 2001, the United States Supreme Court announced its decision in Ferguson v. City of Charleston, which struck down the Medical University of South Carolina\u27s policy of testing the urine of pregnant women for cocaine without consent, and reporting positive results to local authorities. The Court held that involuntary drug testing of pregnant women violated the Fourth Amendment\u27s prohibition on unreasonable searches and seizures. In light of the Court\u27s decision, the future of state regulation in this area is unclear. The following article by Jean Reith Schroedel and Pamela Fiber considers how states currently approach the regulation of drugs and alcohol during pregnancy and how the Supreme Court\u27s decision may affect the future. Following their piece is a synopsis of each state\u27s existing case and statutory law on the subject, which has been produced by theJournals editorial staff

Topics: Health Law and Policy, Law, Legal Ethics and Professional Responsibility
Publisher: Yale Law School Legal Scholarship Repository
Year: 2013
OAI identifier: oai:digitalcommons.law.yale.edu:yjhple-1013
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