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. Author manuscript; available in PMC: 2020 May 1.
Published in final edited form as: Womens Health Issues. 2019 Mar 12;29(3):213–221. doi: 10.1016/j.whi.2019.02.001

Table 1.

Policies targeting alcohol use during pregnancy in effect by decade and by state

Policy Year first went into effect 1970s 1980s 1990s 2000s 2010s
Mandatory Warning Signs: Notices warning about harms from alcohol use during pregnancy must be posted in locations where alcoholic beverages are sold 1985 AK, CA, DC, GA, SD AK, AZ, CA, DC, DE, GA, IL, KY, MN, NE, NH, NJ, NM, NY, OR, SD, TN, WA, WV AK, AZ, CA, DC, DE, GA, IL, KY, MN, MO, NC, NE, NH, NJ, NM, NV, NY, OR, SD, TN, TX, WA, WV AK, AZ, CA, DC, DE, GA, IL, KY, MN, MO, NC, NE, NH, NJ, NM, NV, NY, OR, SD, TN, TX, UT, WA, WV
Priority Treatment for Pregnant Women: Mandatory priority access to substance abuse treatment for pregnant women who abuse alcohol 1989 CA AZ, CA, GA, KS, LA, MD, WI AK, AR, AZ, CA, CO, GA, KS, LA, MD, OK, UT, WI AK, AR, AZ, CA, CO, GA, KS, KY, LA, MD, OK, TX, UT, WI
Priority Treatment for Pregnant Women and Women with Children: Mandatory priority access to substance abuse Treatment for pregnant women and women with children who abuse alcohol 1989 FL, WA DC, FL, IL, MO, WA DC, FL, IL, MO, TX, WA, WY DC, FL, IL, MO, WA
Reporting Requirements for Treatment & Data: Mandatory or discretionary reporting of alcohol use during pregnancy for purposes of Treatment referral or data collection 1986 IL, KS, MN, NJ, OR AK, CA, CO, FL, IA, IL, KS, KY, LA, MI, MN, MO, NJ, NY, OK, OR, TX, WI AK, CA, CO, DE, FL, IA, IL, IN, KS, KY, LA, ME, MI, MN, MO, ND, NH, NJ, NV, NY, OH, OK, OR, PA, SC, SD, TX, WA, WI, WV AK, CA, CO, DE, FL, IL, IN, KS, KY, ME, MI, MN, MO, ND, NJ, NV, NY, OH, OK, OR, PA, SC, SD, TX, WA, WI, WV
Prohibitions on Criminal Prosecution: Prohibit use of medical tests (such as prenatal screening or toxicology) as evidence in criminal prosecution 1992 FL, KS, KY, MO, NV, VA KS, KY, LA, MO, NV, VA CO, KS, KY, LA, MO, NV, VA
Civil Commitment: Mandatory involuntary commitment of pregnant women to Treatment or protective custody to protect fetus from prenatal exposure to alcohol 1998 SD, WI MN, ND, OK, SD, WI MN, ND, OK, SD, WI
Reporting Requirements for CPS Purposes: Mandated or discretionary reporting of alcohol use during pregnancy for purposes of child abuse/neglect investigation 1974 MA MA, MN, UT AZ, CA, FL, KY, MA, MI, MN, RI, SD, UT, VA, WI AK, AZ, CA, FL, IN, KY, LA, MA, ME, MI, MN, OK, PA, RI, SD, UT, VA, WI AK, AR, AZ, CA, DC, FL, IN, KY, LA, MA, MD, ME, MI, MN, OK, PA, RI, SD, UT, VA, WI
Child Abuse/Neglect: Legal significance of alcohol use during pregnancy and, in some cases, defines alcohol use during pregnancy as child abuse/neglect 1974 MA IL, IN, MA, NV, UT FL, IL, IN, KY, MA, NV, RI, SC, SD, TX, UT, VA, WI AL, AZ, CO, FL, IL, IN, KY, LA, MA, ME, ND, NV, OK, RI, SC, SD, TX, UT, VA, WI AL, AZ, CO, FL, GA, IL, IN, KY, LA, MA, ME, ND, NV, OK, RI, SC, SD, TX, UT, VA, WI

Bold indicates states that had the policy go into effect during that decade; grey background are supportive; white background are punitive