New York 2025-2026 Regular Session

New York Assembly Bill A00860

Introduced
1/8/25  
Refer
1/8/25  
Refer
1/7/26  
Report Pass
5/11/26  
Refer
5/11/26  
Report Pass
5/28/26  

Caption

Prohibits drug, cannabis or alcohol testing of pregnant or postpartum individuals and newborns unless the individual consents and it is within the scope of medical care, or the testing is necessary for a medical emergency.

Summary

Bill A00860, also known as the 'Maternal Health, Dignity and Consent Act', seeks to amend public health law by prohibiting drug, cannabis, or alcohol testing and screening of pregnant or postpartum individuals and newborns without prior informed consent. The bill outlines specific conditions under which such testing may occur, emphasizing the necessity of obtaining both written and oral consent from the individual or authorized person prior to any testing or screening. It also states that testing may only be performed if it falls within the scope of medical care being provided.

Impact

If enacted, this bill would significantly alter the legal landscape regarding the testing of pregnant or postpartum individuals and newborns in New York. It would establish clear requirements for informed consent, thereby enhancing the rights of these individuals in medical settings. The bill aims to protect patients from potential coercion and ensure that they are fully informed about the implications of testing, including possible legal consequences. Additionally, it would prevent healthcare professionals from refusing treatment based on a patient's refusal to undergo testing.

Sentiment

The sentiment surrounding Bill A00860 appears to be generally supportive among advocates for maternal health and patient rights, who view it as a necessary step in protecting vulnerable populations from unnecessary testing and potential discrimination. However, there may be concerns from some healthcare providers regarding the implications for medical practice and emergency situations where testing could be critical.

Contention

Notable points of contention may arise from healthcare professionals who argue that the bill could hinder their ability to provide timely care in emergency situations. There may also be concerns about the balance between protecting patient rights and ensuring the health and safety of both the mother and newborn in cases where substance use might pose risks. Advocates for maternal health emphasize the importance of consent and autonomy, while some medical professionals may stress the need for flexibility in urgent care scenarios.

Companion Bills

NY S00845

Same As Prohibits drug, cannabis or alcohol testing of pregnant or postpartum individuals and newborns unless the individual consents and it is within the scope of medical care, or the testing is necessary for a medical emergency.

Previously Filed As

NY S00845

Prohibits drug, cannabis or alcohol testing of pregnant or postpartum individuals and newborns unless the individual consents and it is within the scope of medical care, or the testing is necessary for a medical emergency.

NY A00109

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.

NY S00320

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.

NY SB515

Requiring drug testing for individuals receiving office-based medication-assisted treatment

NY A4410

Prohibits incarcerated individuals from receiving Medicaid, Work First New Jersey, or Supplemental Nutrition Assistance Program benefits.

NY A2281

Requires Medicaid coverage for fertility preservation services in cases of iatrogenic infertility caused by medically necessary treatments.

NY S3006

Requires Medicaid coverage for fertility preservation services in cases of iatrogenic infertility caused by medically necessary treatments.

NY HB1927

Department of Medical Assistance Services; remote monitoring services for pregnant and postpartum patients; reimbursement.

NY AB773

The treatment of a pregnant or postpartum person in prison or jail. (FE)

NY SB755

The treatment of a pregnant or postpartum person in prison or jail. (FE)

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