A05478 Summary:

SPONSORRosenthal L
Add 79-o, Civ Rts L
Relates to prohibiting drug testing of pregnant women unless the woman consents or the testing is necessary for a medical emergency.
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A05478 Actions:

02/12/2019referred to governmental operations
01/08/2020referred to governmental operations
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A05478 Committee Votes:

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A05478 Floor Votes:

There are no votes for this bill in this legislative session.
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A05478 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the civil rights law, in relation to prohibiting drug testing of pregnant women   PURPOSE: This bill relates to prohibiting drug testing of pregnant women.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the civil rights law by adding a new section 79-o. Section two sets forth 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 persons not only runs counter to this, but it serves as a disincentive to the pursuit of medical support in childbirth. New York State currently 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 any person or organization from requiring that a pregnant person submit to drug testing against their will unless such testing is necessary for emergency purposes. This legislation will help to preserve the necessary trust between a pregnant person in need of medical support, and their provider, and will remove a potential disincentive to pregnant persons seeking care.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
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A05478 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the civil rights law, in relation  to  prohibiting  drug
          testing of pregnant women
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil rights law is amended by  adding  a  new  section
     2  79-o to read as follows:
     3    § 79-o. Drug testing for pregnant women; prohibited. 1.  Notwithstand-
     4  ing  any other provision of law, no person or organization shall require
     5  a pregnant woman to submit to drug testing unless such woman consents to
     6  such testing or such testing is necessary for an emergency  purpose.  In
     7  the  case  that  the drug testing is performed for an emergency purpose,
     8  the results shall be kept confidential and  not  be  used  for  purposes
     9  other than the treatment or diagnoses of a disease or medical issue.
    10    2.  For  purposes  of this section, "emergency purpose" shall mean any
    11  instance where such drug testing is determined  to  be  necessary  by  a
    12  medical professional and such pregnant woman is incapacitated and unable
    13  to consent to such testing.
    14    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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A05478 LFIN:

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A05478 Chamber Video/Transcript:

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