Pregnant Women and the Use of Corrections Restraints and Substance Use Commitment.

J Am Acad Psychiatry Law

Dr. Hall is Assistant Professor of Psychiatry, University of Central Florida College of Medicine, Affiliate Assistant Professor, University of South Florida, St. Petersburg, FL and Adjunct Professor, Barry University School of Law. Dr. Hatters Friedman is Associate Professor of Psychological Medicine, University of Auckland and staff psychiatrist Mason Clinic, Auckland Regional Forensic Psychiatry Services, Auckland, New Zealand. She is also Associate Professor of Psychiatry, Case Western Reserve University, Cleveland, OH. Dr. Jain is Assistant Professor of Psychiatry, University of Pittsburgh School of Medicine, Pittsburgh, PA. The authors report no conflicts of interest. Portions of this article were presented at the 2014 AAPL annual meeting in Chicago.

Published: September 2015

Recent evolving trends in the United States legal system regarding how policies and laws are applied to pregnant women include concerns over the use of restraints or shackles in pregnant inmates and forced treatment or commitment of pregnant women for substance abuse. These topics raise many questions, such as: how violent are women, particularly pregnant women; what are the informed consent and treatment implications; and who is at risk of harm? In addition, questions have been raised regarding maternal versus fetal rights, especially when the mother uses substances during a pregnancy. We review legal decisions and organizational position statements and highlight ethics-related concerns.

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