NY State Senate Bill 2025-S845

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to women's issues

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2025-S845 (ACTIVE) - Details

See Assembly Version of this Bill:: A860
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
2023-2024: S320, A109

2025-S845 (ACTIVE) - 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.

2025-S845 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S845

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.

 
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 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
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. The Report--
https://www.usccr.gov/reports/2024/examining-new-york-child-welfare-system-
and-its-impact-black-children-and-families -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 specif-
ically recommended enactment of this bill as a necessary step towards
protecting Black families and children.

 
LEGISLATIVE HISTORY:

SENATE:

2024: S320B (Salazar) - Referred to Women's Issues

2023: S320B (Salazar) - Amended. Referred to Women's Issues

2021-2022: S4821A (Salazar)- Referred to Women's Issues

ASSEMBLY:

2024: A109B (Rosenthal) - Referred to Codes.

2023: A109B (Rosenthal) - Referred to Health, Amended. Reported referred
to Codes, Amended.

2022: A4285A- 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:

No fiscal implications to state or local government are anticipated.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) https://sph.unc.edu/sphnews/prenatal-substance-use-linked-to- inade-
quate-prenatal-perinatal-care/

2025-S845 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    845
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. SALAZAR, BRISPORT, BROUK, CLEARE, COONEY, FERNANDEZ,
   GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, KRUEG-
   ER,  MYRIE, PARKER, RIVERA, SEPULVEDA, SERRANO, WEBB -- 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,
   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
 S. 845                              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. 845                              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.

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Senate Bill S845

Sponsored By

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

co-Sponsors

2025-S845 (ACTIVE) - Details

2025-S845 (ACTIVE) - Summary

2025-S845 (ACTIVE) - Sponsor Memo

2025-S845 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S845

Share this bill

Sponsored By

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

co-Sponsors

2025-S845 (ACTIVE) - Details

2025-S845 (ACTIVE) - Summary

2025-S845 (ACTIVE) - Sponsor Memo

2025-S845 (ACTIVE) - Bill Text download pdf

Comments