What's happening
This bill prohibits drug, cannabis, or alcohol testing of pregnant, postpartum individuals and newborns without informed consent, except in emergencies.
Why it matters
Empowers patients and parents. This bill gives pregnant and postpartum individuals, as well as parents of newborns, clear legal rights to control whether they or their babies are tested for drugs, cannabis, or alcohol, helping to prevent non-consensual testing that could have legal or social consequences.
Promotes transparency and informed decision-making. The bill requires that consent for testing be both oral and written, in plain language, with a full explanation of the test’s purpose, confidentiality, and potential legal risks (including possible child protective services involvement), ensuring patients know what they are agreeing to.
Reduces potential for discrimination and coercion. By mandating that health care providers cannot refuse treatment if a patient or parent declines testing, and by establishing guidelines to minimize coercion, the law seeks to protect vulnerable populations from being unfairly targeted based on pregnancy or postpartum status.
Limits exceptions to emergencies only. Testing without consent is only allowed in true medical emergencies where delay would threaten life or health, and even then, detailed documentation and notification are required, tightening oversight and accountability around such situations.
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Who cares
Headline styles
Stop Non-Consensual Drug Testing
Plain English, a few words. Used as the page title.
Sponsors
50 Co-sponsors
- Phara Souffrant Forrest
- Rebecca Seawright
- Rodneyse Bichotte Hermelyn
- Sarah Clark
- Jo Anne Simon
- Chantel Jackson
- Marcela Mitaynes
- Karines Reyes
- Catalina Cruz
- Jessica Gonzalez-Rojas
- Emily Gallagher
- MaryJane Shimsky
- Dana Levenberg
- Maritza Davila
- Yudelka Tapia
- Anna Kelles
- Sarahana Shrestha
- Andrew Hevesi
- Robert C. Carroll
- Harvey Epstein
- Steven Otis
- Brian Cunningham
- Steven Raga
- Chris Burdick
- Jeffrey Dinowitz
- David Weprin
- Charles Lavine
- Demond Meeks
- Gabriella Romero
- Al Taylor
- Nader Sayegh
- Stefani Zinerman
- Manny De Los Santos
- Jen Lunsford
- Michaelle C. Solages
- Monique Chandler-Waterman
- Claire Valdez
- Amanda Septimo
- Paula Kay
- Amy Paulin
- Pamela J. Hunter
- Larinda Hooks
- Ron Kim
- Diana Moreno
- Jordan Wright
- Tony Simone
- Jenifer Rajkumar
- Noah Burroughs
- Grace Lee
- Carrie Woerner
History
- Reported referred to rules
- Print number 860a
- Amend (t) and recommit to codes
- Reported referred to codes
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End Non-Consensual Drug Testing
In Assembly Committee · Codes · Sponsor Julia Salazar
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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,… Show allHide
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 Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "Maternal Health, Dignity and Consent act".
§ 2. The public health law is amended by adding a new section 2509-b to read as follows:
§ 2509-b. Drug, cannabis or alcohol testing for pregnant or postpartum individuals; prohibited. 1. For purposes of this section:
(a) "drug" shall mean a controlled substance as that term is defined in section thirty-three hundred six of this chapter.
(b) "cannabis" shall mean cannabis or concentrated cannabis as those terms are defined in section 222.00 of the penal law.
(c) "drug, cannabis or alcohol test" shall mean a test using a biological sample, including, but not limited to, urine or hair, for the presence of drugs, cannabis or alcohol.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00590-04-6
2. No health care professional licensed, certified, or authorized under title eight of the education law shall perform a drug, cannabis or alcohol test on a person who is pregnant or up to one year postpartum unless:
(a) the pregnant or postpartum individual gives prior written and oral informed consent specific to the drug, cannabis or alcohol test; and
(b) the performance of the drug, cannabis or alcohol test is within the scope of medical care being provided to the individual.
3. No health care professional licensed, certified or authorized under title eight of the education law shall perform a drug, cannabis or alcohol test on a newborn unless:
(a) the individual authorized to consent for the newborn, as defined by subdivision two of section twenty-five hundred four of this title, gives prior written and oral informed consent specific to the drug, cannabis or alcohol test; and
(b) the performance of the drug, cannabis or alcohol test is within the scope of medical care being provided to the newborn.
4. Written and oral informed consent to a drug, cannabis or alcohol test shall occur at the time of testing, in language understandable to the pregnant or postpartum individual, or the individual authorized to consent for the newborn, under circumstances that provide such individual sufficient opportunity to consider whether or not to authorize the drug, cannabis or alcohol test and minimize the possibility of coercion or undue influence, and shall consist of oral authorization and written authorization that is dated, signed and includes the following:
(a) a statement explaining that consenting to a drug, cannabis or alcohol test is voluntary and requires written and oral informed consent, except when conditions under subdivision five of this section are met;
(b) a statement that testing positive for drugs, cannabis or alcohol could have legal consequences, including, but not limited to, a report to a local child protective services agency, and that the individual may want to consult with legal counsel prior to or after consenting to a drug, cannabis or alcohol test;
(c) a statement explaining the extent of confidentiality of the test results;
(d) a statement of the medical purpose of the test; and
(e) a general description of the test.
5. Drug, cannabis or alcohol testing may be performed without consent of the patient or the individual authorized to consent for a newborn when, in the health care professional's judgment, an emergency exists and the patient or newborn is in immediate need of medical attention, and an attempt to secure consent would result in delay of treatment that could increase the risk to the patient's or newborn's life or health. In the case that drug, cannabis or alcohol testing is performed under these circumstances, the test results shall be discussed with the patient or the individual authorized to consent for the newborn, in language understandable to the patient or individual authorized to consent for the newborn and shall consist of oral notification and written notification that is dated, signed and includes the following:
(a) a statement that testing positive for drugs, cannabis or alcohol could have legal consequences, including but not limited to a potential report to a local child protective services agency, and that the patient or individual authorized to consent for the newborn may want to consult with legal counsel;
(b) a statement in the medical record with a description of the emergency that necessitated unconsented drug, cannabis or alcohol testing; and
(c) a statement explaining the extent of confidentiality of the test results.
6. No health care professional licensed, certified, or authorized under title eight of the education law shall refuse to treat a patient who is pregnant or up to one year postpartum or a newborn because of the patient's or individual authorized to consent for the newborn's refusal to submit to a drug, cannabis or alcohol test.
7. Nothing in this section shall diminish any other requirement to obtain informed consent for a drug, cannabis or alcohol test or any other procedure.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.