What's happening
This bill prohibits drug, cannabis, or alcohol testing of pregnant, postpartum individuals, and newborns without specific, informed consent, except in emergencies.
Why it matters
Strengthens patient autonomy. By requiring both written and oral informed consent (at the time of testing and in accessible language), the bill ensures that pregnant, postpartum individuals, and parents of newborns have clear, uncoerced control over whether such testing occurs.
Raises awareness of legal risks. The mandated consent forms must explicitly state that a positive test can have legal consequences, including possible child protective services involvement, and advise individuals of their right to consult legal counsel. This transparency could protect patients from unwitting self-incrimination or unintended legal jeopardy.
Limits healthcare discrimination. The bill makes it illegal for healthcare providers to deny care to someone who refuses a drug, cannabis, or alcohol test, reducing the risk of punitive or discriminatory treatment for those asserting their rights.
Narrows exceptions to true emergencies. Testing without consent is only allowed if there is a medical emergency where delaying treatment could harm the patient or newborn, and this must be documented in the medical record. Even then, patients or guardians must be promptly notified, reinforcing that bypassing consent is a rare, justified exception rather than the norm.
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Who cares
Pregnant and postpartum patients
The bill would require test-specific written and oral informed consent for drug, cannabis or alcohol testing during pregnancy and up to one year postpartum, except in specified emergencies.
Parents and others authorized to consent for newborns
The bill would generally require their consent before newborn testing and disclosure of potential legal consequences, including a child protective services report.
Licensed health care professionals
The bill would limit testing to the scope of medical care, impose consent and emergency-notification requirements, and prohibit refusing treatment because testing is declined.
Headline styles
End Non-Consensual Drug Testing
Plain English, a few words. Used as the page title.
Sponsors
24 Co-sponsors
- Samra Brouk
- Joseph P. Addabbo Jr.
- Jabari Brisport
- Cordell Cleare
- Leroy Comrie
- Jeremy Cooney
- Nathalia Fernandez
- Kristen Gonzalez
- Andrew Gounardes
- Pete Harckham
- Michelle Hinchey
- Brad Hoylman-Sigal
- Robert Jackson
- Liz Krueger
- John Liu
- Rachel May
- Zellnor Myrie
- Kevin S. Parker
- Jessica Ramos
- Gustavo Rivera
- Luis R. Sepúlveda
- José M. Serrano
- Lea Webb
- Jeremy Zellner
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 38–22
- Ordered to third reading cal.1698
- Committee discharged and committed to rules
- Print number 845a
- Amend (t) and recommit to alcoholism and substance use disorders
- Reported and committed to alcoholism and substance use disorders
- Referred to women's issues
- Committed to rules
- Advanced to third reading
- 2nd report cal.
Show 3 earlier actions
- 1st report cal.1081
- Reported and committed to health
- Referred to women's issues
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.
Stop Non-Consensual Drug Testing
In Assembly Committee · Rules · Sponsor Linda Rosenthal
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
845--A
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. SALAZAR, BROUK, ADDABBO, BRISPORT, CLEARE, COMRIE, COONEY, FERNANDEZ, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KRUEGER, LIU, MAY, MYRIE, PARKER, RAMOS, RIVERA, SEPULVEDA, SERRANO, WEBB -- read twice and ordered printed, and when… Show allHide
Introduced by Sens. SALAZAR, BROUK, ADDABBO, BRISPORT, CLEARE, COMRIE, COONEY, FERNANDEZ, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KRUEGER, LIU, MAY, MYRIE, PARKER, RAMOS, RIVERA, SEPULVEDA, SERRANO, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues -- recommitted to the Committee on Women's Issues in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Alcoholism and Substance Use Disorders -- 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.
2. No health care professional licensed, certified, or authorized under title eight of the education law shall perform a drug, cannabis or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00590-03-6
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.
Sponsor's memo
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"
Read the full memo (941 words)
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.
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
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.