Prohibits drug, cannabis or alcohol testing and screening of pregnant or postpartum individuals and newborns unless the individual consents and it is within the scope of medical care, or the testing or screening is necessary for a medical emergency.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A860
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting drug,
cannabis or alcohol testing and screening of pregnant or postpartum
individuals and newborns
PURPOSE:
This bill promotes trust between a pregnant or postpartum person and
their healthcare provider by requiring informed consent for a drug,
cannabis, or alcohol test or screen.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the public health law by adding a new section 2509-b.
Section two establishes the effective date.
JUSTIFICATION:
New York State faces a maternal mortality crisis that is exponentially
worse for Black women. While New York has made progress in reducing the
maternal mortality rate, Black women are still dying at a rate over four
times higher than white women. As New York seeks to reduce maternal
mortality and its associated racial disparities, it must support colla-
borative, trusting relationships between pregnant people and their
healthcare providers.
The practice of drug testing a pregnant person without their consent
erodes people's trust in health care providers and discourages them from
seeking life-saving care. Non-consensual testing practices also extend
to newborns, who are often tested without their parent's consent, with
no medical justification, as a backdoor way to check for substance use
by their postpartum parent. While the results of nonconsensual drug
tests and screenings rarely inform the course of prenatal care or lead
to connections to substance use treatment, they are often reported to
the child protective services system, resulting in new parents being
investigated while they are recovering from birth. In far too many
cases, newborns are then forcibly separated from their parents, leaving
a postpartum person fighting in court to reunite with their child. These
devastating removals have disastrous consequences for both infant devel-
opment and maternal health.
Ensuring that pregnant and postpartum people understand the actual
medical necessity and provide meaningful consent before undergoing a
drug test or screening for themselves and/or their newborn is critical.
In the relatively few cases where there is a legitimate clinical need to
conduct a drug test on a pregnant person, postpartum person, or the
newborn, this must be explained to the patient along with the potential
risks and benefits, just as would be the case for any other test or
procedure under long-standing informed consent principles. In a 2019
presentation on Yale New Haven Children's Hospital's experience of
adopting an informed consent approach to drug screening for newborns and
parents, clinicians reported that drug screenings are often medically
unnecessary to provide optimal care to newborns, and following informed
consent guidelines did not result in any events where a child's safety
was at risk or an increase in reports made to Child Protective Services.
When a screening was deemed medically necessary and explained to a
patient, Yale New Haven Children's Hospital also found that postpartum
patients will often voluntarily provide this consent.
The Maternal Health, Dignity and Consent Act promotes better maternal
and infant health outcomes while protecting reproductive autonomy and
racial justice. This legislation requires physicians and other medical
personnel to comply with NYS Department of Health Clinical Guidelines
that call for obtaining informed consent prior to drug testing or
screening a pregnant or postpartum person or their newborn, with an
exception if such testing is necessary for emergency purposes. Adopting
these practices also brings New York into alignment with recommendations
from the U.S. Department of Health and Human Services, U.S. Commission
on Civil Rights - NY Advisory Committee and national professional socie-
ties specializing in obstetrics, pediatrics, and addiction medicine to
best support maternal and infant health.
LEGISLATIVE HISTORY:
2022-24: A.109-B - Ordered to Third Reading; S.320-B - Referred to
Women's issues
2021-22: A.4285-A - Ordered to Third Reading; S.4821-A - Referred to
Women's Issues
2019-20: A.5478-A - Referred to Governmental Operations; S.7955 -
Referred to Women's Issues
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
