BILL NUMBER: S845A
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting drug,
cannabis or alcohol testing 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 establishes the short title as the "Maternal Health, Digni-
ty, and Consent Act"
Section two amends the public health law by adding a new section 25Û9-b,
which requires clear and informed consent from pregnant or postpartum
people regarding drug or alcohol tests of the pregnant or postpartum
person or of a newborn and defines "drug" and "drug or alcohol test"
Section three establishes the effective date.
 
AMENDED VERSION:
The "A" print removes the requirement for consent to verbal drug, canna-
bis or alcohol screen screenings.
 
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 childbirth. New York State currently ranks 30th
among all states with a maternal mortality rate of 25 deaths per 100,000
live births.
Pregnant persons who engage in substance use face significant barriers
to seeking treatment, general medical care, and prenatal 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.
In addition to enhancing access to medical care, there is evidence that
proves that babies are safer as a result. New York City Health & Hospi-
tals, the largest municipal hospital system in the country, implemented
a policy in 2020 that requires informed consent for drug testing preg-
nant people and newborns. Since implementing the policy, there has been
an 80% drop in ACS investigations alleging parental drug use for mothers
of newborns; and a 90% drop for Black birthing people, as well as a 37%
drop in newborns removed by ACS (for any reason), meaning more newborns
stay with their family. Data did not show any negative impact on child
safety from the reduced number of ACS investigations.
This legislation also aligns New York Law with the Department of
Health's existing clinical guidelines for informed consent before drug
testing pregnant people (2). This bill would standardize those informed
consent practices across the state in line with these recommendations by
prohibiting 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 potential disincentive to
seeking care.
 
RACIAL AND 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 is
necessary. Resources should be provided by medical providers to reduce
harm and potential complications. It is crucial to recognize substance
abuse as a debilitating disorder, and not as criminal behavior.
The New York Advisory Committee to the U.S. Commission on Civil Rights
issued a report in May 2024 on Examining the New York Child Welfare
System and Its Impact on Black Children and Families (3). The Report
documented the numerous ways in which Black families in particular are
harmed by the manner in which the child protective system functions in
NYS. The Report also specifically recommended enactment of this bill as
a necessary step towards protecting Black families and children.
In 2026, the NYS Division of Human Rights issued a final order in the
New York Civil Liberty Union's favor in a case they brought in 2021 on
behalf of a woman who was non-consensually drug tested at Garnet Health
Medical Center (4). NYCLU argued that this was sex and pregnancy
discrimination under the NYS Human Rights Law and the Division agreed.
This is the first "court" in the country to find that drug testing some-
one because they are pregnant is sex discrimination. The passage of this
bill will ensure that New York State is not complicit in what is now
officially recognized as discriminatory practice.
 
LEGISLATIVE HISTORY:
SENATE:
2025: S845 (Salazar)- Referred to Women's Issues
2023-2024: S320B (Salazar) - Referred to Women's Issues
2021-2022: S4821A (Salazar)- Referred to Women's Issues
ASSEMBLY:
2025: A860 (Rosenthal)- Referred to Health
2023-2024: A109B (Rosenthal) - Referred to Health, Referred to Codes
2022: A4285A (Rosenthal)- Referred to Health, Referred to Codes,
Referred to Rules
2021: A4285A (Rosenthal)- Referred to Governmental Operations, Referred
to Health
2019-2020: A5478A (Rosenthal)- Referred to Governmental Operations
 
FISCAL IMPLICATI:
None.
 
EFFECTIVE DATE:
Immediately.
(1) https://sph.unc.edu/sphnews/prenatal-substance-use-linked -toinade-
quate-prenatal-perinatal-care/
(2)
https://www.health.ny.gov/diseases/aids/consumers/prevention/oduh/docs/2
1749.pdf
(3) https://www. usccr.gov/reports/2024/examining-new-york-child-
welfare-system-and-its-impact-black-children-and-families
(4) https://www.
nyclu.org/press-release/in-a-first-nys-division-of-huma n-rights-
rulesnonconsensual-drug-testing-of-pregnant-mother-is- discrimination