SENATE JOINT MEMORIAL 28

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Linda M. Lopez

A JOINT MEMORIAL

REQUESTING THE CREATION OF A STATEWIDE TASK FORCE TO ASSESS AND IMPROVE ACCESS TO SUBSTANCE ABUSE TREATMENT AND PRENATAL CARE FOR PREGNANT WOMEN WITH SUBSTANCE ABUSE PROBLEMS.

     WHEREAS, the Family Preservation Act affirms the state's policy to support families and emphasize the responsibilities of parents and the state in the healthy development in children and the family as an institution; and

     WHEREAS, New Mexico has a commitment to strengthen families in crisis and at risk of losing their children so that children can remain safely in their own homes; and

     WHEREAS, prenatal medical care is recommended for women before and during pregnancy to improve pregnancy outcomes through prevention and detection of and early intervention in problems; and

     WHEREAS, the New Mexico legislature has supported prenatal care and protected the confidentiality of the practitioner-patient relationship; and

     WHEREAS, substance abuse treatment is a proven public safety and health measure; and

     WHEREAS, the state is keenly aware that pregnant, substance-using women and their children suffer from the adverse effects of addiction and the state is dedicated to enhancing and mobilizing the health and human services programs that these individuals need; and

     WHEREAS, pregnant women with substance abuse problems may not seek prenatal care because of stigma and fear; and          WHEREAS, one of the best opportunities to approach and intervene with women with substance abuse problems is during pregnancy, when motivation is high to seek treatment for addiction; and

     WHEREAS, early intervention efforts during the prenatal period increase the likelihood that women will successfully recover from alcohol and other drug abuse; and

     WHEREAS, a continuum of prenatal and postnatal services is needed to help women successfully parent their children, maintain recovery from substance abuse and address complex social needs; and

     WHEREAS, the social and financial costs to incarcerate a woman with substance abuse problems far outweigh the costs of providing specialized prenatal and family-oriented substance abuse treatment; and

     WHEREAS, prominent public health and medical organizations agree that a punitive approach to drug use during pregnancy has been shown to erode women's willingness to seek health care or to confide in their health care providers if they do seek such care; and

     WHEREAS, these organizations include the New Mexico section of the American college of obstetricians and gynecologists, the New Mexico public health association, the New Mexico nurses association, the American college of physicians, the national association of social workers, the national association of social workers-New Mexico, the American college of obstetricians and gynecologists, the American academy of pediatrics, the march of dimes, the national association of public child welfare administrators, the national council on alcoholism and drug dependence, the American nurses association, the American public health association, the American academy of addiction psychiatry, the national perinatal association and the center for the future of children; and

     WHEREAS, threats of arrest and prosecution will deter many pregnant women from seeking prenatal care and drug and alcohol treatment; and

     WHEREAS, the United States has experienced a seven hundred percent increase in the incarceration of women, with drug law violations accounting for one-third of the increase; and

     WHEREAS, incarceration is not an effective method of treatment for women struggling with substance abuse;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the governor's women's health council or its successor be requested to create a task force to develop a comprehensive plan for the state to address the needs of pregnant and postpartum women with substance abuse problems and the well-being of their children and families; and

     BE IT FURTHER RESOLVED that the plan include guidelines for a continuum of care for pregnant women with substance abuse problems, including both prenatal care and substance abuse treatment and an assessment of current needs and gaps in services and recommendations to eliminate them; and

     BE IT FURTHER RESOLVED that the task force identify and prioritize specific short- and long-term goals and an implementation time line, identify responsible agencies and agents for each implementation goal and propose relevant action steps and performance measurements to evaluate progress for each goal; and

     BE IT FURTHER RESOLVED that the task force be composed of experts in the fields of ethics, law, perinatal medicine, behavioral health treatment and social services; representatives from the department of health, the behavioral health purchasing collaborative, the drug policy alliance, the women's justice project and at least one woman who has recovered from perinatal substance abuse; and

     BE IT FURTHER RESOLVED that the task force use the federal center for substance abuse treatment as a vital resource in the development of treatment guidelines; and

     BE IT FURTHER RESOLVED that the task force provide a report to the appropriate interim health committee by November 1, 2009 and present a comprehensive plan for improving access to substance abuse treatment services and prenatal care for pregnant women in New Mexico to the appropriate interim health committee by November 1, 2010; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the governor's women's health council, the secretary of health, the behavioral health purchasing collaborative, the drug policy alliance and the women's justice project.

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