+ Site Statistics
+ Search Articles
+ PDF Full Text Service
How our service works
Request PDF Full Text
+ Follow Us
Follow on Facebook
Follow on Twitter
Follow on LinkedIn
+ Subscribe to Site Feeds
Most Shared
PDF Full Text
+ Translate
+ Recently Requested

Pregnancy, drug testing, and the fourth amendment: legal and behavioral implications

Pregnancy, drug testing, and the fourth amendment: legal and behavioral implications

Journal of Family Psychology 43) 17(2): 220-228

In its efforts to protect the health of unborn children, the government is increasingly attempting to regulate pregnant women's conduct. As with other policies affecting pregnant women's autonomy, these policies have constitutional overtones. In Ferguson v. City of Charleston (2001), the Supreme Court struck down a South Carolina hospital's policy of testing pregnant women for cocaine and turning positive results over to law enforcement for prosecution. This article discusses the basis of the decision and its legal and behavioral implications. Although the decision came down on the side of pregnant women's rights, it left unresolved the issue of whether a similar policy could be constructed that would pass constitutional muster. The article concludes with a consideration of the likely effects of, and alternatives to, such a policy.

Please choose payment method:

(PDF emailed within 0-6 h: $19.90)

Accession: 049980875

Download citation: RISBibTeXText

PMID: 12828018

DOI: 10.1037/0893-3200.17.2.220

Related references

A nation of suspects: drug testing and the Fourth Amendment. American Journal of Public Health 79(10): 1427-1431, 1989

The Fourth Amendment and random drug testing of people with chronic pain. Journal of Pain and Palliative Care PharmacoTherapy 25(1): 42-48, 2011

Legal implications of pharmacogenomics regarding drug trials, drug labeling, and genetic testing for drug prescription: an international approach. Food and Drug Law Journal 59(4): 519-535, 2004

Testing the hand that bites you: Johnetta J. v. the Municipal Court, mandatory AIDS testing, and the Fourth Amendment. Northern Illinois University Law Review 11(2-3): 445-479, 1991

Testing the Fourth Amendment for infection: mandatory AIDS and HIV testing of criminal defendants at the request of a victim of sexual assault. Seton Hall Legislative Journal 21(2): 467-501, 1997

Legal implications of drug testing in the workplace. American Pharmacy Ns28(7): 30-37, 1988

The Current Legal Status of Drug Testing and Its Implications. Forensic Science Review 4(2): 109-124, 1992

Drug use in pregnancy: to test, to tell--legal implications for the physician. Seminars in Perinatology 15(4): 324-330, 1991

It's not always "better to be safe than sorry": a fourth amendment restriction on mandatory AIDS testing. Nebraska Medical Journal 76(5): 132-136, 1991

AIDS, rape, and the Fourth Amendment: schemes for mandatory testing of sex offenders. Vanderbilt Law Review 43(5): 1607-1636, 1990

Drug-testing on seropositive pregnant women in the developing world: moral and legal implications. Medical Law International 4(3-4): 183-210, 2000

Fourth Amendment balancing act: special needs of rape victims justify court-ordered HIV testing of the accused. Seton Hall Law Review 29(3): 1094-1121, 1999

Mandatory testing of public employees for the human immunodeficiency virus: the Fourth Amendment and medical reasonableness. Columbia Law Review 90(3): 720-759, 1990

Allowing new technology to erode constitutional protections: a Fourth Amendment challenge to non-consensual DNA testing of prisoners. Villanova Law Review 38(5): 1617-1660, 1993

Protecting forcibly institutionalized mental patients from unwanted drug therapy: a fourth amendment analysis. Law and Psychology Review 12: 1-19, 1988