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.
S00845, the “Maternal Health, Dignity and Consent Act,” would add a new section to the Public Health Law restricting drug, cannabis, and alcohol testing of pregnant individuals, postpartum individuals up to one year after birth, and newborns. Under the bill, such testing could only be performed if there is prior written and oral informed consent and the test is within the scope of medical care being provided. The bill also requires that consent be given in a way that is understandable, voluntary, and free from coercion, and that the patient or newborn’s representative be told about possible legal consequences, confidentiality limits, and the medical purpose of the test.
The bill creates a narrow emergency exception allowing testing without consent when a health care professional determines that immediate medical attention is needed and delaying testing to obtain consent would increase the risk to the patient’s or newborn’s life or health. In those cases, the provider must document the emergency and later notify the patient or representative in writing and orally. The bill also bars providers from refusing treatment because a pregnant or postpartum patient, or a newborn’s representative, declines testing, and it states that it does not reduce any other informed-consent requirements under law.
The bill would amend the New York Public Health Law by adding section 2509-b, creating a statewide consent standard for drug, cannabis, and alcohol testing of pregnant people, postpartum people, and newborns. It would limit when health care professionals licensed under Title 8 of the Education Law may order or perform such tests, require specific disclosures and documentation, and prohibit treatment denial based on refusal to consent. The measure could affect hospitals, maternity care providers, newborn care settings, and child welfare-related reporting practices by making testing more tightly tied to medical necessity and informed consent.
The available voting history suggests generally favorable committee sentiment. The bill passed the Senate Women’s Issues Committee 6-1 and the Senate Health Committee 11-2, indicating support from a majority of members in both committees. The title and structure of the bill reflect a patient-rights and maternal-health framing, emphasizing dignity, consent, and limits on nonconsensual testing.
The main point of contention appears to be whether testing pregnant or postpartum patients and newborns should require explicit consent except in emergencies, versus allowing broader provider discretion or routine testing in some settings. Opponents may be concerned that the bill could limit screening used for clinical or safety purposes, while supporters likely view it as a safeguard against coercive or discriminatory testing and unnecessary child welfare consequences. The inclusion of cannabis and alcohol alongside drugs, and the requirement to warn about possible child protective services reporting, suggest the bill sits at the intersection of health care, substance use policy, and family regulation.