S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    860
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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,  EPSTEIN,  OTIS,  CUNNINGHAM,  RAGA,  BURDICK,   DINOWITZ,
   WEPRIN, MAMDANI -- read once and referred to the Committee on Health
 
 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. 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 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.
              

                                                            LBD00590-02-5
 A. 860                              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
 A. 860                              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.
   § 3. This act shall take effect immediately.