Relates to prohibiting drug or alcohol testing and screening of pregnant women unless the woman consents 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: A5478A
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public health law and the education law, in relation
to prohibiting drug or alcohol testing and screening of pregnant persons
PURPOSE:
This bill preserves the trust between a pregnant or perinatal person and
their healthcare provider by prohibiting drug testing without informed
consent.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the public health law by adding a new section 2509-b.
Section two amends section 6530 of the education law by adding a new
subdivision 51. Section three establishes the effective date
JUSTIFICATION:
When a pregnant person comes to a hospital seeking medical care, there
is an expectation that they will receive only services to which they
consent and seek. The involuntary drug testing of pregnant and perinatal
persons not only runs counter to this, but it serves as a disincentive
to the pursuit of medical support in childbirth. New York State current-
ly ranks 30th among all states with a maternal mortality rate at 25
deaths per 100,000 live births.
In cases where a doctor deems it necessary to perform an emergency drug
test on an incapacitated patient, unable to consent to such testing, it
is equally vital that the results of this testing be kept confidential
and not used for any purpose outside of medical diagnoses and treatment.
This legislation prohibits physicians or other medical personnel from
conducting drug testing of a pregnant or perinatal person or their
newborn without informed consent being provided, unless such testing is
necessary for emergency purposes. This legislation will help to preserve
the necessary trust between a pregnant or perinatal person in need of
medical support, and their provider, and will remove a potential disin-
centive to seeking care.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
