BILL NUMBER: S320B
SPONSOR: SALAZAR
 
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 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,
which requires clear and informed consent from pregnant or post-partum
people regarding drug or alcohol tests and screenings of the pregnant or
post-partum person or of a newborn and defines "drug", "drug or alcohol
test", and "drug or alcohol screen".
Section two establishes the effective date.
 
JUSTIFICATION:
When a pregnant person comes to a hospital or medical provider seeking
medical care, there is an expectation that they will receive only
services to which they consent and seek. The involuntary or uninformed
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
during pregnancy and in childbirth. New York State currently ranks 30th
among all states with a maternal mortality rate at 25 deaths per 100,000
live births.
Pregnant persons who engage in substance use face significant barriers
to seeking treatment, general medical care, and pre-natal care. Amongst
these barriers is the fear of judgment by healthcare providers, and more
importantly, the risk of a child protective services investigation, loss
of the child and/or criminal justice repercussions.(1) In cases where a
doctor deems it necessary to perform an emergency drug test on an inca-
pacitated 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 diagnosis 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 care and support, and their provider, and will remove a poten-
tial disincentive to seeking care.
 
SOCIAL JUSTICE IMPACT
Pregnant individuals seeking medical care should not be exposed to crim-
inal or civil penalties or the risk of losing their child, particularly
when the existence of such potential penalties often serves as a disin-
centive to seek medical care. Rather, in order to reduce infant and
maternal mortality and to encourage the provision of proper medical
care, full informed consent regarding any drug or alcohol testing or
screening is necessary. Resources should be provided by medical provid-
ers to reduce harm and potential complications. It is crucial to recog-
nize substance abuse disorder as a debilitating disorder, and not as a
criminal behavior.
 
AMENDED BILL
The "B" print explicitly includes "cannabis" separately from "drugs" to
address changes in the law after the enactment of the Marijuana Regu-
lation & Taxation Act, Chapter 92 of the Laws of 2021.
 
LEGISLATIVE HISTORY:
SENATE:
2021-2022: S4821A (Salazar)- Referred to Women's Issues
ASSEMBLY:
2019-2020: A5478A (Rosenthal)- Referred to Governmental Operations
2021: A4285A (Rosenthal)- Referred to Governmental Operations, Referred
to Health
2022: A4285A- Referred to Health, Referred to Codes, Referred to Rules
 
FISCAL IMPLICATIONS:
No fiscal implications to state or local government are anticipated.
 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) https://sph.unc.edu/sph-news/prenatal-substance-use-linked- to-in-
adequate-prenatal-perinatal-care/