NY State Senate Bill 2023-S320B

Senate Bill S320B

2023-2024 Legislative Session

Prohibits drug, cannabis or alcohol testing and screening of pregnant or postpartum individuals and newborns

download bill text pdf

Current Bill Status - In Senate Committee Women's Issues Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to women's issues
Jun 07, 2023	print number 320b
Jun 07, 2023	amend (t) and recommit to women's issues
May 22, 2023	print number 320a
May 22, 2023	amend and recommit to women's issues
Jan 04, 2023	referred to women's issues

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2023-S320 - Details

See Assembly Version of this Bill:: A109
Current Committee:: Senate Women's Issues
Law Section:: Public Health Law
Laws Affected:: Add §2509-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A5478
2021-2022: S4821, A4285

2023-S320 - Summary

Prohibits drug, cannabis or alcohol testing and screening of pregnant or postpartum individuals and newborns unless the individual consents and it is within the scope of medical care, or the testing or screening is necessary for a medical emergency.

2023-S320 - Sponsor Memo

                                 
BILL NUMBER: S320

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting drug
or alcohol testing and screening of pregnant or postpartum individuals

 
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.

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.' 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.

https://sph.unc.edu/sph-news/prenatal-substance-use-linked-to-
inadequate- prenatal-perinatal-care/

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.

 
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.

2023-S320 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    320
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. SALAZAR, BRISPORT, BROUK, CLEARE, JACKSON, KRUEGER,
   MYRIE, RIVERA, SEPULVEDA -- read twice and ordered printed,  and  when
   printed to be committed to the Committee on Women's Issues
 
 AN  ACT  to amend the public health law, in relation to prohibiting drug
   or alcohol testing and screening of pregnant or postpartum individuals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2509-b to read as follows:
   § 2509-B. DRUG OR ALCOHOL TESTING AND SCREENING FOR PREGNANT OR  POST-
 PARTUM INDIVIDUALS; PROHIBITED. 1.  FOR PURPOSES OF THIS SECTION, "DRUG"
 SHALL  MEAN  A  CONTROLLED  SUBSTANCE AS THAT TERM IS DEFINED IN SECTION
 THIRTY-THREE HUNDRED SIX OF THIS CHAPTER.
   2. NO HEALTH CARE  PROFESSIONAL  LICENSED,  CERTIFIED,  OR  AUTHORIZED
 UNDER TITLE EIGHT OF THE EDUCATION LAW SHALL:
   (A)  PERFORM  A DRUG OR ALCOHOL TEST ON A PERSON WHO IS PREGNANT OR UP
 TO ONE YEAR POSTPARTUM UNLESS:
   (I) THE PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR WRITTEN AND ORAL
 INFORMED CONSENT SPECIFIC TO THE DRUG OR ALCOHOL TEST; AND
   (II) THE PERFORMANCE OF THE DRUG OR ALCOHOL TEST IS WITHIN  THE  SCOPE
 OF MEDICAL CARE BEING PROVIDED TO THE INDIVIDUAL.
   (B)  PERFORM A DRUG OR ALCOHOL SCREEN IN A HOSPITAL ON A PERSON WHO IS
 PREGNANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
   (I) THE  PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR  WRITTEN    AND
 ORAL INFORMED CONSENT SPECIFIC TO THE DRUG OR ALCOHOL SCREEN; AND
   (II)   THE   PERFORMANCE  OF  THE DRUG OR ALCOHOL SCREEN IS WITHIN THE
 SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE INDIVIDUAL;
   (C) PERFORM A DRUG OR ALCOHOL SCREEN OUTSIDE A HOSPITAL  ON  A  PERSON
 WHO IS PREGNANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00489-01-3

 S. 320                              2
 
   (I)  THE   PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR ORAL INFORMED
 CONSENT SPECIFIC TO THE DRUG OR ALCOHOL SCREEN; AND
   (II)   THE   PERFORMANCE  OF  THE DRUG OR ALCOHOL SCREEN 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:
   (A) PERFORM A DRUG OR ALCOHOL TEST ON A NEWBORN UNLESS:
   (I) 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  OR
 ALCOHOL TEST; AND
   (II)  THE  PERFORMANCE OF THE DRUG OR ALCOHOL TEST IS WITHIN THE SCOPE
 OF MEDICAL CARE BEING PROVIDED TO THE NEWBORN;
   (B) PERFORM A DRUG OR ALCOHOL  SCREEN  IN  A  HOSPITAL  ON  A  NEWBORN
 UNLESS:
   (I)  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 OR ALCOHOL SCREEN; AND
   (II)  THE  PERFORMANCE  OF  THE DRUG OR ALCOHOL SCREEN IS  WITHIN  THE
 SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE NEWBORN;
   (C)  PERFORM  A  DRUG  OR  ALCOHOL  SCREEN  OUTSIDE  A  HOSPITAL  ON A
 NEWBORN UNLESS:
   (I) THE   INDIVIDUAL   AUTHORIZED   TO   CONSENT FOR THE  NEWBORN,  AS
 DEFINED  BY  SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED FOUR OF THIS
 TITLE, GIVES PRIOR  ORAL INFORMED CONSENT SPECIFIC TO THE DRUG OR  ALCO-
 HOL SCREEN; AND
   (II)   THE   PERFORMANCE  OF  THE DRUG OR ALCOHOL SCREEN IS WITHIN THE
 SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE NEWBORN.
   4. WRITTEN AND ORAL INFORMED CONSENT TO A DRUG OR ALCOHOL TEST OR DRUG
 OR ALCOHOL SCREEN SHALL OCCUR AT THE TIME OF TESTING, IN LANGUAGE UNDER-
 STANDABLE 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 OR ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN AND MINI-
 MIZE 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 OR  ALCOHOL  TEST
 OR  DRUG  OR  ALCOHOL  SCREEN 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 OR SCREENING POSITIVE FOR DRUGS OR ALCO-
 HOL COULD HAVE LEGAL CONSEQUENCES, INCLUDING,  BUT  NOT  LIMITED  TO,  A
 REPORT TO CHILD PROTECTIVE SERVICES, AND THAT THE INDIVIDUAL MAY WANT TO
 CONSULT  WITH  LEGAL  COUNSEL  PRIOR TO OR AFTER CONSENTING TO A DRUG OR
 ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN;
   (C) A STATEMENT EXPLAINING THE EXTENT OF CONFIDENTIALITY OF  THE  TEST
 OR SCREEN RESULTS;
   (D) A STATEMENT OF THE MEDICAL PURPOSE OF THE TEST OR SCREEN; AND
   (E) A GENERAL DESCRIPTION OF THE TEST OR SCREEN.
   5.  DRUG  OR  ALCOHOL  TESTING  OR  DRUG  OR  ALCOHOL SCREENING 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
 S. 320                              3
 
 DELAY  OF  TREATMENT  THAT  COULD  INCREASE THE RISK TO THE PATIENT'S OR
 NEWBORN'S LIFE OR HEALTH. IN THE CASE THAT DRUG OR  ALCOHOL  TESTING  OR
 DRUG  OR  ALCOHOL  SCREENING IS PERFORMED UNDER THESE CIRCUMSTANCES, THE
 TEST  OR SCREEN RESULTS SHALL BE DISCUSSED WITH THE PATIENT OR THE INDI-
 VIDUAL AUTHORIZED TO CONSENT FOR THE NEWBORN, IN LANGUAGE UNDERSTANDABLE
 TO THE PATIENT OR INDIVIDUALS 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 OR SCREENING POSITIVE FOR DRUGS OR  ALCO-
 HOL COULD HAVE LEGAL CONSEQUENCES, INCLUDING BUT NOT LIMITED TO A POTEN-
 TIAL  REPORT TO CHILD PROTECTIVE SERVICES, AND THAT THE PATIENT OR INDI-
 VIDUAL 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 EMER-
 GENCY THAT NECESSITATED UNCONSENTED DRUG OR ALCOHOL TESTING OR  DRUG  OR
 ALCOHOL SCREENING; AND
   (C)  A  STATEMENT EXPLAINING THE EXTENT OF CONFIDENTIALITY OF THE TEST
 OR SCREEN RESULTS.
   6. NO HEALTH CARE  PROFESSIONAL  LICENSED,  CERTIFIED,  OR  AUTHORIZED
 UNDER TITLE EIGHT OF THE EDUCATION LAW SHALL REFUSE TO TREAT AN INDIVID-
 UAL WHO IS PREGNANT OR UP TO ONE YEAR POSTPARTUM OR A NEWBORN BECAUSE OF
 THE  PATIENT  OR  INDIVIDUALS  AUTHORIZED  TO  CONSENT FOR THE NEWBORN'S
 REFUSAL TO SUBMIT TO A DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN.
   7. NOTHING IN THIS SECTION SHALL DIMINISH  ANY  OTHER  REQUIREMENT  TO
 OBTAIN  INFORMED  CONSENT  FOR A DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL
 SCREEN OR ANY OTHER PROCEDURE.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S320A - Details

See Assembly Version of this Bill:: A109
Current Committee:: Senate Women's Issues
Law Section:: Public Health Law
Laws Affected:: Add §2509-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A5478
2021-2022: S4821, A4285

2023-S320A - Summary

2023-S320A - Sponsor Memo

                                 
BILL NUMBER: S320A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting drug
or alcohol testing and screening of pregnant or postpartum individuals

 
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.' 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 "A" print adds definitions of "drug", "drug or alcohol test", and
"drug or aldohol screen".

 
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-inade-
quate-prenatal-perinatal-care/

2023-S320A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  320--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, BRISPORT, BROUK, CLEARE, COONEY, FERNANDEZ,
   GOUNARDES,  JACKSON,  KRUEGER,  MYRIE, RIVERA, SEPULVEDA, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Women's  Issues  -- 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
   or alcohol testing and screening of pregnant or postpartum individuals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2509-b to read as follows:
   §  2509-B. DRUG OR ALCOHOL TESTING AND SCREENING FOR PREGNANT OR POST-
 PARTUM 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)  "DRUG  OR  ALCOHOL  TEST"  SHALL  MEAN  A TEST USING A BIOLOGICAL
 SAMPLE, INCLUDING, BUT NOT LIMITED TO, URINE OR HAIR, FOR  THE  PRESENCE
 OF DRUGS OR ALCOHOL.
   (C)  "DRUG OR ALCOHOL SCREEN" SHALL MEAN THE USE OF A VALIDATED VERBAL
 OR WRITTEN TOOL OR QUESTIONNAIRE BY A HEALTH CARE PROFESSIONAL LICENSED,
 CERTIFIED, OR AUTHORIZED UNDER TITLE  EIGHT  OF  THE  EDUCATION  LAW  TO
 DETERMINE USE OF DRUGS OR ALCOHOL BY A PREGNANT OR POSTPARTUM PERSON.
   2.  NO  HEALTH  CARE  PROFESSIONAL  LICENSED, CERTIFIED, OR AUTHORIZED
 UNDER TITLE EIGHT OF THE EDUCATION LAW SHALL:
   (A) PERFORM A DRUG OR ALCOHOL TEST ON A PERSON WHO IS PREGNANT  OR  UP
 TO ONE YEAR POSTPARTUM UNLESS:
   (I) THE PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR WRITTEN AND ORAL
 INFORMED CONSENT SPECIFIC TO THE DRUG OR ALCOHOL TEST; AND
   (II)  THE  PERFORMANCE OF THE DRUG OR ALCOHOL TEST IS WITHIN THE SCOPE
 OF MEDICAL CARE BEING PROVIDED TO THE INDIVIDUAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00489-03-3
 S. 320--A                           2
 
   (B) PERFORM A DRUG OR ALCOHOL SCREEN IN A HOSPITAL ON A PERSON WHO  IS
 PREGNANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
   (I)  THE    PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR WRITTEN  AND
 ORAL INFORMED CONSENT SPECIFIC TO THE DRUG OR ALCOHOL SCREEN; AND
   (II)  THE  PERFORMANCE  OF  THE DRUG OR ALCOHOL SCREEN IS  WITHIN  THE
 SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE INDIVIDUAL;
   (C)  PERFORM  A  DRUG OR ALCOHOL SCREEN OUTSIDE A HOSPITAL ON A PERSON
 WHO IS PREGNANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
   (I) THE  PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR  ORAL  INFORMED
 CONSENT SPECIFIC TO THE DRUG OR ALCOHOL SCREEN; AND
   (II)   THE   PERFORMANCE  OF  THE DRUG OR ALCOHOL SCREEN 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:
   (A) PERFORM A DRUG OR ALCOHOL TEST ON A NEWBORN UNLESS:
   (I) 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  OR
 ALCOHOL TEST; AND
   (II)  THE  PERFORMANCE OF THE DRUG OR ALCOHOL TEST IS WITHIN THE SCOPE
 OF MEDICAL CARE BEING PROVIDED TO THE NEWBORN;
   (B) PERFORM A DRUG OR ALCOHOL  SCREEN  IN  A  HOSPITAL  ON  A  NEWBORN
 UNLESS:
   (I)  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 OR ALCOHOL SCREEN; AND
   (II)  THE  PERFORMANCE  OF  THE DRUG OR ALCOHOL SCREEN IS  WITHIN  THE
 SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE NEWBORN;
   (C)  PERFORM  A  DRUG  OR  ALCOHOL  SCREEN  OUTSIDE  A  HOSPITAL  ON A
 NEWBORN UNLESS:
   (I) THE   INDIVIDUAL   AUTHORIZED   TO   CONSENT FOR THE  NEWBORN,  AS
 DEFINED  BY  SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED FOUR OF THIS
 TITLE, GIVES PRIOR  ORAL INFORMED CONSENT SPECIFIC TO THE DRUG OR  ALCO-
 HOL SCREEN; AND
   (II)   THE   PERFORMANCE  OF  THE DRUG OR ALCOHOL SCREEN IS WITHIN THE
 SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE NEWBORN.
   4. WRITTEN AND ORAL INFORMED CONSENT TO A DRUG OR ALCOHOL TEST OR DRUG
 OR ALCOHOL SCREEN SHALL OCCUR AT THE TIME OF TESTING, IN LANGUAGE UNDER-
 STANDABLE 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 OR ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN AND MINI-
 MIZE 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 OR  ALCOHOL  TEST
 OR  DRUG  OR  ALCOHOL  SCREEN 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 OR SCREENING POSITIVE FOR DRUGS OR ALCO-
 HOL COULD HAVE LEGAL CONSEQUENCES, INCLUDING,  BUT  NOT  LIMITED  TO,  A
 REPORT TO CHILD PROTECTIVE SERVICES, AND THAT THE INDIVIDUAL MAY WANT TO
 CONSULT  WITH  LEGAL  COUNSEL  PRIOR TO OR AFTER CONSENTING TO A DRUG OR
 ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN;
 S. 320--A                           3
 
   (C) A STATEMENT EXPLAINING THE EXTENT OF CONFIDENTIALITY OF  THE  TEST
 OR SCREEN RESULTS;
   (D) A STATEMENT OF THE MEDICAL PURPOSE OF THE TEST OR SCREEN; AND
   (E) A GENERAL DESCRIPTION OF THE TEST OR SCREEN.
   5.  DRUG  OR  ALCOHOL  TESTING  OR  DRUG  OR  ALCOHOL SCREENING 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 OR  ALCOHOL  TESTING  OR
 DRUG  OR  ALCOHOL  SCREENING IS PERFORMED UNDER THESE CIRCUMSTANCES, THE
 TEST OR SCREEN RESULTS SHALL BE DISCUSSED WITH THE PATIENT OR THE  INDI-
 VIDUAL AUTHORIZED TO CONSENT FOR THE NEWBORN, IN LANGUAGE UNDERSTANDABLE
 TO  THE PATIENT OR INDIVIDUALS 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 OR SCREENING POSITIVE FOR DRUGS OR ALCO-
 HOL COULD HAVE LEGAL CONSEQUENCES, INCLUDING BUT NOT LIMITED TO A POTEN-
 TIAL REPORT TO CHILD PROTECTIVE SERVICES, AND THAT THE PATIENT OR  INDI-
 VIDUAL  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  EMER-
 GENCY  THAT  NECESSITATED UNCONSENTED DRUG OR ALCOHOL TESTING OR DRUG OR
 ALCOHOL SCREENING; AND
   (C) A STATEMENT EXPLAINING THE EXTENT OF CONFIDENTIALITY OF  THE  TEST
 OR SCREEN RESULTS.
   6.  NO  HEALTH  CARE  PROFESSIONAL  LICENSED, CERTIFIED, OR AUTHORIZED
 UNDER TITLE EIGHT OF THE EDUCATION LAW SHALL REFUSE TO TREAT AN INDIVID-
 UAL WHO IS PREGNANT OR UP TO ONE YEAR POSTPARTUM OR A NEWBORN BECAUSE OF
 THE PATIENT OR INDIVIDUALS  AUTHORIZED  TO  CONSENT  FOR  THE  NEWBORN'S
 REFUSAL TO SUBMIT TO A DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN.
   7.  NOTHING  IN  THIS  SECTION SHALL DIMINISH ANY OTHER REQUIREMENT TO
 OBTAIN INFORMED CONSENT FOR A DRUG OR ALCOHOL TEST OR  DRUG  OR  ALCOHOL
 SCREEN OR ANY OTHER PROCEDURE.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S320B (ACTIVE) - Details

See Assembly Version of this Bill:: A109
Current Committee:: Senate Women's Issues
Law Section:: Public Health Law
Laws Affected:: Add §2509-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A5478
2021-2022: S4821, A4285

2023-S320B (ACTIVE) - Summary

2023-S320B (ACTIVE) - Sponsor Memo

                                 
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/

2023-S320B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  320--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, BRISPORT, BROUK, CLEARE, COONEY, FERNANDEZ,
   GOUNARDES,  JACKSON,  KRUEGER, MYRIE, RIVERA, SEPULVEDA, SERRANO, WEBB
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Women's Issues -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   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 and screening 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:
 
   Section  1.  The  public health law is amended by adding a new section
 2509-b to read as follows:
   § 2509-B. DRUG, CANNABIS OR ALCOHOL TESTING AND SCREENING 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 BIOLOG-
 ICAL SAMPLE, INCLUDING, BUT NOT LIMITED TO, URINE OR HAIR, FOR THE PRES-
 ENCE OF DRUGS, CANNABIS OR ALCOHOL.
   (D) "DRUG, CANNABIS OR ALCOHOL SCREEN" SHALL MEAN THE USE OF  A  VALI-
 DATED  VERBAL  OR WRITTEN TOOL OR QUESTIONNAIRE BY A HEALTH CARE PROFES-
 SIONAL LICENSED, CERTIFIED, OR  AUTHORIZED  UNDER  TITLE  EIGHT  OF  THE
 EDUCATION  LAW TO DETERMINE USE OF DRUGS, CANNABIS OR ALCOHOL BY A PREG-
 NANT OR POSTPARTUM PERSON.
   2. NO HEALTH CARE  PROFESSIONAL  LICENSED,  CERTIFIED,  OR  AUTHORIZED
 UNDER TITLE EIGHT OF THE EDUCATION LAW SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00489-05-3
 S. 320--B                           2
 
   (A)  PERFORM A DRUG, CANNABIS OR ALCOHOL TEST ON A PERSON WHO IS PREG-
 NANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
   (I) THE PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR WRITTEN AND ORAL
 INFORMED CONSENT SPECIFIC TO THE DRUG, CANNABIS OR ALCOHOL TEST; AND
   (II)  THE  PERFORMANCE OF THE DRUG, CANNABIS OR ALCOHOL TEST IS WITHIN
 THE SCOPE OF MEDICAL CARE BEING PROVIDED TO THE INDIVIDUAL, CANNABIS.
   (B) PERFORM A DRUG, CANNABIS OR ALCOHOL SCREEN  IN  A  HOSPITAL  ON  A
 PERSON WHO IS PREGNANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
   (I)  THE    PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR WRITTEN  AND
 ORAL INFORMED CONSENT SPECIFIC TO THE DRUG, CANNABIS OR ALCOHOL  SCREEN;
 AND
   (II)   THE   PERFORMANCE   OF  THE DRUG, CANNABIS OR ALCOHOL SCREEN IS
 WITHIN THE SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE INDIVIDUAL.
   (C) PERFORM A DRUG, CANNABIS OR ALCOHOL SCREEN OUTSIDE A HOSPITAL ON A
 PERSON WHO IS PREGNANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
   (I) THE  PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR  ORAL  INFORMED
 CONSENT SPECIFIC TO THE DRUG, CANNABIS OR ALCOHOL SCREEN; AND
   (II)   THE   PERFORMANCE   OF  THE DRUG, CANNABIS OR ALCOHOL SCREEN 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:
   (A) PERFORM A DRUG, CANNABIS OR ALCOHOL TEST ON A NEWBORN UNLESS:
   (I) 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
   (II)  THE  PERFORMANCE OF THE DRUG, CANNABIS OR ALCOHOL TEST IS WITHIN
 THE SCOPE OF MEDICAL CARE BEING PROVIDED TO THE NEWBORN;
   (B) PERFORM A DRUG, CANNABIS OR ALCOHOL SCREEN  IN  A  HOSPITAL  ON  A
 NEWBORN UNLESS:
   (I)  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 SCREEN; AND
   (II)  THE  PERFORMANCE  OF  THE DRUG, CANNABIS OR  ALCOHOL  SCREEN  IS
 WITHIN THE SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE NEWBORN;
   (C) PERFORM A DRUG, CANNABIS OR ALCOHOL SCREEN OUTSIDE A HOSPITAL ON A
 NEWBORN UNLESS:
   (I)  THE    INDIVIDUAL   AUTHORIZED   TO   CONSENT FOR THE NEWBORN, AS
 DEFINED BY SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED FOUR  OF  THIS
 TITLE, GIVES PRIOR  ORAL INFORMED CONSENT SPECIFIC TO THE DRUG, CANNABIS
 OR ALCOHOL SCREEN; AND
   (II)   THE   PERFORMANCE   OF  THE DRUG, CANNABIS OR ALCOHOL SCREEN 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  OR  DRUG  OR ALCOHOL SCREEN 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 OR DRUG, CANNABIS
 OR ALCOHOL SCREEN AND MINIMIZE THE  POSSIBILITY  OF  COERCION  OR  UNDUE
 INFLUENCE,  AND SHALL CONSIST OF ORAL AUTHORIZATION AND WRITTEN AUTHORI-
 ZATION THAT IS DATED, SIGNED AND INCLUDES THE FOLLOWING:
   (A) A STATEMENT EXPLAINING THAT CONSENTING  TO  A  DRUG,  CANNABIS  OR
 ALCOHOL  TEST  OR  DRUG,  CANNABIS  OR  ALCOHOL  SCREEN IS VOLUNTARY AND
 S. 320--B                           3
 
 REQUIRES WRITTEN AND ORAL INFORMED CONSENT, EXCEPT WHEN CONDITIONS UNDER
 SUBDIVISION FIVE OF THIS SECTION ARE MET;
   (B) A STATEMENT THAT TESTING OR SCREENING 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 INDI-
 VIDUAL MAY WANT TO CONSULT WITH LEGAL COUNSEL PRIOR TO OR AFTER CONSENT-
 ING  TO  A  DRUG,  CANNABIS OR ALCOHOL TEST OR DRUG, CANNABIS OR ALCOHOL
 SCREEN;
   (C) A STATEMENT EXPLAINING THE EXTENT OF CONFIDENTIALITY OF  THE  TEST
 OR SCREEN RESULTS;
   (D) A STATEMENT OF THE MEDICAL PURPOSE OF THE TEST OR SCREEN; AND
   (E) A GENERAL DESCRIPTION OF THE TEST OR SCREEN.
   5.  DRUG,  CANNABIS  OR  ALCOHOL  TESTING OR DRUG, CANNABIS OR ALCOHOL
 SCREENING MAY BE PERFORMED WITHOUT CONSENT OF THE PATIENT OR  THE  INDI-
 VIDUAL  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 OR DRUG OR ALCOHOL  SCREENING  IS  PERFORMED
 UNDER THESE CIRCUMSTANCES, THE TEST OR SCREEN RESULTS SHALL BE DISCUSSED
 WITH  THE  PATIENT  OR  THE  INDIVIDUAL  AUTHORIZED  TO  CONSENT FOR THE
 NEWBORN, IN  LANGUAGE  UNDERSTANDABLE  TO  THE  PATIENT  OR  INDIVIDUALS
 AUTHORIZED  TO CONSENT FOR THE NEWBORN AND SHALL CONSIST OF ORAL NOTIFI-
 CATION AND WRITTEN NOTIFICATION THAT IS DATED, SIGNED AND  INCLUDES  THE
 FOLLOWING:
   (A) A STATEMENT THAT TESTING OR SCREENING 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  EMER-
 GENCY THAT NECESSITATED UNCONSENTED DRUG, CANNABIS OR ALCOHOL TESTING OR
 DRUG, CANNABIS OR ALCOHOL SCREENING; AND
   (C)  A  STATEMENT EXPLAINING THE EXTENT OF CONFIDENTIALITY OF THE TEST
 OR SCREEN RESULTS.
   6. NO HEALTH CARE  PROFESSIONAL  LICENSED,  CERTIFIED,  OR  AUTHORIZED
 UNDER TITLE EIGHT OF THE EDUCATION LAW SHALL REFUSE TO TREAT AN INDIVID-
 UAL WHO IS PREGNANT OR UP TO ONE YEAR POSTPARTUM OR A NEWBORN BECAUSE OF
 THE  PATIENT  OR  INDIVIDUALS  AUTHORIZED  TO  CONSENT FOR THE NEWBORN'S
 REFUSAL TO SUBMIT TO A DRUG, CANNABIS OR ALCOHOL TEST OR DRUG,  CANNABIS
 OR ALCOHOL SCREEN.
   7.  NOTHING  IN  THIS  SECTION SHALL DIMINISH ANY OTHER REQUIREMENT TO
 OBTAIN INFORMED CONSENT FOR A DRUG, CANNABIS OR ALCOHOL  TEST  OR  DRUG,
 CANNABIS OR ALCOHOL SCREEN OR ANY OTHER PROCEDURE.
   § 2. This act shall take effect immediately.

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Senate Bill S320B

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Sponsored By

Current Bill Status - In Senate Committee Women's Issues Committee

Bill Amendments

co-Sponsors

2023-S320 - Details

2023-S320 - Summary

2023-S320 - Sponsor Memo

2023-S320 - Bill Text download pdf

co-Sponsors

2023-S320A - Details

2023-S320A - Summary

2023-S320A - Sponsor Memo

2023-S320A - Bill Text download pdf

co-Sponsors

2023-S320B (ACTIVE) - Details

2023-S320B (ACTIVE) - Summary

2023-S320B (ACTIVE) - Sponsor Memo

2023-S320B (ACTIVE) - Bill Text download pdf

Comments