A measure shielding pregnant women from prosecution when drugs are found in their system moved forward today in an effort to protect the health of the unborn.

House Bill 1100, sponsored by Rep. Ken Summers, R-Lakewood and Sen. Irene Aguilar, D-Denver, would ensure that information gleaned from pregnancy testing or prenatal care is not used in court against a pregnant woman who is receiving that care.

Aguilar told the Senate Judiciary Committee, which OK’d the proposal, that immunity would make it easier to identify drug use by mothers, fostering healthier outcomes for babies

“We need to increase the screening and identification of substance use during this time to protect children in Colorado,” said Aguilar.

Sen. Jeanne Nicholson, D-Black Hawk, said the bill represents an important step in addressing drug use by pregnant women.

“Pregnant women are highly motivated to seek treatment because they are looking at their child’s welfare, not just their own,” said Nicholson. “We need to take advantage of that opportunity. The punitive approach is just not working.”

Summers says he is sponsoring the bill to protect the unborn when mothers are caught up in substance abuse.

“The impact of drug abuse by pregnant women on the unborn is a significant health issue in Colorado,” says Summers.

The bill is now headed to the full Senate for consideration.

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