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A00860 Summary:

BILL NOA00860A
 
SAME ASSAME AS S00845-A
 
SPONSORRosenthal
 
COSPNSRForrest, Seawright, Bichotte Hermelyn, Clark, Simon, Jackson, Mitaynes, Reyes, Cruz, Gonzalez-Rojas, Gallagher, Shimsky, Levenberg, Davila, Tapia, Kelles, Shrestha, Hevesi, Carroll R, Epstein, Otis, Cunningham, Raga, Burdick, Dinowitz, Weprin, Lavine, Meeks, Romero, Taylor, Sayegh, Zinerman, De Los Santos, Lunsford, Solages, Chandler-Waterman, Valdez, Septimo, Kay, Paulin, Hunter, Hooks, Kim, Moreno, Wright, Simone, Rajkumar, Burroughs, Lee, Woerner
 
MLTSPNSR
 
Add §2509-b, Pub Health L
 
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.
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A00860 Actions:

BILL NOA00860A
 
01/08/2025referred to health
01/07/2026referred to health
05/11/2026reported referred to codes
05/22/2026amend (t) and recommit to codes
05/22/2026print number 860a
05/28/2026reported referred to rules
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A00860 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A860A
 
SPONSOR: Rosenthal
  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 25&9-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 IMPLICATIONS: 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-childwel- fare- system-and-its-impact-black-children-and- families (4) https://www. nyclu.org/press-release/in-a-first-nys-division -of-human- rightsrulesnonconsensual-drug-testing-of-pregnant-mother-is- discrimination
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A00860 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         860--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced by M. of A. ROSENTHAL, FORREST, SEAWRIGHT, BICHOTTE HERMELYN,
          CLARK, SIMON, JACKSON, MITAYNES, REYES, CRUZ, GONZALEZ-ROJAS, GALLAGH-
          ER,  SHIMSKY,  LEVENBERG,  DAVILA,  TAPIA,  KELLES,  SHRESTHA, HEVESI,
          R. CARROLL, OTIS, CUNNINGHAM, RAGA, BURDICK, DINOWITZ, WEPRIN, LAVINE,
          MEEKS, ROMERO,  TAYLOR,  SAYEGH,  ZINERMAN,  DE LOS SANTOS,  LUNSFORD,
          SOLAGES,  CHANDLER-WATERMAN,  VALDEZ,  SEPTIMO,  KAY,  PAULIN, HUNTER,
          HOOKS, KIM, MORENO, WRIGHT, SIMONE, RAJKUMAR, BURROUGHS, LEE,  WOERNER
          -- read once and referred to the Committee on Health -- recommitted to
          the  Committee on Health in accordance with Assembly Rule 3, sec. 2 --
          reported  and  referred  to  the  Committee  on  Codes  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT to amend the public health law, in relation to prohibiting drug,
          cannabis or alcohol testing of pregnant or postpartum individuals  and
          newborns
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Maternal Health, Dignity and Consent act".
     3    §  2.  The public health law is amended by adding a new section 2509-b
     4  to read as follows:
     5    § 2509-b. Drug, cannabis or alcohol testing for pregnant or postpartum
     6  individuals; prohibited. 1.  For purposes of this section:
     7    (a) "drug" shall mean a controlled substance as that term  is  defined
     8  in section thirty-three hundred six of this chapter.
     9    (b)  "cannabis"  shall mean cannabis or concentrated cannabis as those
    10  terms are defined in section 222.00 of the penal law.
    11    (c) "drug, cannabis or alcohol test" shall mean a test using a biolog-
    12  ical sample, including, but not limited to, urine or hair, for the pres-
    13  ence of drugs, cannabis or alcohol.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00590-04-6

        A. 860--A                           2
 
     1    2. No health care  professional  licensed,  certified,  or  authorized
     2  under title eight of the education law shall perform a drug, cannabis or
     3  alcohol  test  on  a person who is pregnant or up to one year postpartum
     4  unless:
     5    (a) the pregnant or postpartum individual gives prior written and oral
     6  informed consent specific to the drug, cannabis or alcohol test; and
     7    (b)  the  performance  of the drug, cannabis or alcohol test is within
     8  the scope of medical care being provided to the individual.
     9    3. No health care professional licensed, certified or authorized under
    10  title eight of the education law shall perform a drug, cannabis or alco-
    11  hol test on a newborn unless:
    12    (a) the individual authorized to consent for the newborn,  as  defined
    13  by  subdivision  two  of section twenty-five hundred four of this title,
    14  gives prior written and oral informed  consent  specific  to  the  drug,
    15  cannabis or alcohol test; and
    16    (b)  the  performance  of the drug, cannabis or alcohol test is within
    17  the scope of medical care being provided to the newborn.
    18    4. Written and oral informed consent to a drug,  cannabis  or  alcohol
    19  test  shall  occur at the time of testing, in language understandable to
    20  the pregnant or postpartum individual, or the individual  authorized  to
    21  consent  for the newborn, under circumstances that provide such individ-
    22  ual sufficient opportunity to consider whether or not to  authorize  the
    23  drug,  cannabis or alcohol test and minimize the possibility of coercion
    24  or undue influence, and shall consist of oral authorization and  written
    25  authorization that is dated, signed and includes the following:
    26    (a)  a  statement  explaining  that  consenting to a drug, cannabis or
    27  alcohol test  is  voluntary  and  requires  written  and  oral  informed
    28  consent,  except  when conditions under subdivision five of this section
    29  are met;
    30    (b) a statement that testing positive for drugs, cannabis  or  alcohol
    31  could  have  legal consequences, including, but not limited to, a report
    32  to a local child protective services agency, and that the individual may
    33  want to consult with legal counsel prior to or  after  consenting  to  a
    34  drug, cannabis or alcohol test;
    35    (c)  a  statement explaining the extent of confidentiality of the test
    36  results;
    37    (d) a statement of the medical purpose of the test; and
    38    (e) a general description of the test.
    39    5. Drug, cannabis or alcohol testing may be performed without  consent
    40  of  the  patient  or  the individual authorized to consent for a newborn
    41  when, in the health care professional's judgment,  an  emergency  exists
    42  and  the  patient  or newborn is in immediate need of medical attention,
    43  and an attempt to secure consent would result in delay of treatment that
    44  could increase the risk to the patient's or newborn's life or health. In
    45  the case that drug, cannabis or alcohol testing is performed under these
    46  circumstances, the test results shall be discussed with the  patient  or
    47  the individual authorized to consent for the newborn, in language under-
    48  standable  to  the  patient  or individual authorized to consent for the
    49  newborn and shall consist of oral notification and written  notification
    50  that is dated, signed and includes the following:
    51    (a)  a  statement that testing positive for drugs, cannabis or alcohol
    52  could have legal consequences, including but not limited to a  potential
    53  report to a local child protective services agency, and that the patient
    54  or  individual authorized to consent for the newborn may want to consult
    55  with legal counsel;

        A. 860--A                           3
 
     1    (b) a statement in the medical record with a description of the  emer-
     2  gency  that  necessitated unconsented drug, cannabis or alcohol testing;
     3  and
     4    (c)  a  statement explaining the extent of confidentiality of the test
     5  results.
     6    6. No health care  professional  licensed,  certified,  or  authorized
     7  under  title  eight of the education law shall refuse to treat a patient
     8  who is pregnant or up to one year postpartum or a newborn because of the
     9  patient's or individual authorized to consent for the newborn's  refusal
    10  to submit to a drug, cannabis or alcohol test.
    11    7.  Nothing  in  this  section shall diminish any other requirement to
    12  obtain informed consent for a drug, cannabis  or  alcohol  test  or  any
    13  other procedure.
    14    § 3. This act shall take effect immediately.
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