The R Street Institute urged Virginia Governor Abigail Spanberger on April 1 to sign House Bill 283, which would clarify state law regarding the use of medications for opioid use disorder (MOUD) during pregnancy.
Supporters say this measure is important because it aims to align legal standards with current medical guidelines and reduce the risk that pregnant women in recovery face losing custody of their children solely due to prescribed MOUD use. The bill would remove ambiguity from state law by making clear that taking medication such as methadone or buprenorphine under a physician’s care during pregnancy is not enough reason to suspect child abuse or neglect.
In a letter sent by Robert Melvin, Northeast Region Director at the R Street Institute, he said: “In a perfect world, no one would engage in substance abuse, but my organization recognizes that this is a noble, but unrealistic expectation. Some people will always engage in harmful behaviors and abstinence-based programs don’t work for everyone.” Melvin described harm reduction as an evidence-based approach intended to reduce health risks while maintaining access to care and support. He said this framework is especially important when considering how laws affect pregnant women receiving treatment for substance use disorder.
Melvin wrote: “HB 283 removes ambiguity from state law by making it clear that taking a medication for opioid use disorder (MOUD) such as methadone or buprenorphine under the care of a physician during pregnancy is not a sufficient reason to suspect a woman will abuse or neglect her child.” He added that these medications help reduce cravings and withdrawal symptoms and improve outcomes for both mothers and infants. The proposed changes would codify existing guidelines from the Virginia Department of Social Services regarding allegations involving substance-exposed infants.
Melvin also noted: “It’s critical that Virginia clarifies and aligns the Code of Virginia with regulatory guidance. Doing so will promote consistent implementation of child abuse and neglect reporting in cases involving substance-exposed newborns and prevent conflicting guidance from influencing reporting decisions.” He cited broad support among medical organizations like the American Medical Association and American College of Obstetricians and Gynecologists for using MOUDs during pregnancy because they are considered safe and effective treatments.
The letter concluded by urging Governor Spanberger to sign HB 283 into law, stating: “Critically, it will ensure that no woman in addiction recovery faces the prospect of having her child taken from her solely because she was taking medication for opioid use disorder as prescribed and under the care of her physician.”
