Bill Text: NY A05478 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to prohibiting drug or alcohol testing and screening of pregnant women unless the woman consents or the testing or screening is necessary for a medical emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-09-09 - print number 5478a [A05478 Detail]

Download: New_York-2019-A05478-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5478--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 12, 2019
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Governmental Operations -- recommitted to  the  Committee
          on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        AN ACT to amend the public health law and the education law, in relation
          to  prohibiting  drug  or  alcohol  testing  and screening of pregnant
          persons

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  2509-b to read as follows:
     3    § 2509-b. Drug or alcohol testing and screening for pregnant  persons;
     4  prohibited.  1.    For  purposes  of  this  section, "drug" shall mean a
     5  controlled substance as that term is  defined  in  section  thirty-three
     6  hundred six of this chapter.
     7    2.  No  physician, authorized practitioner, nurse practitioner, social
     8  worker, hospital and/or any medical personnel shall perform  a  drug  or
     9  alcohol test or drug or alcohol screen on a pregnant or perinatal person
    10  unless:
    11    (a)  such  pregnant person or perinatal person gives prior written and
    12  verbal informed consent specific to the drug and/or alcohol test or drug
    13  and/or alcohol screen; and
    14    (b) the performance of the drug and/or alcohol  test  or  drug  and/or
    15  alcohol  screen  is  within  the scope of medical care being provided to
    16  such pregnant person or perinatal person.
    17    3. No physician, authorized practitioner, nurse  practitioner,  social
    18  worker,  hospital,  and/or any medical personnel shall perform a drug or
    19  alcohol test or drug or alcohol screen on a newborn unless:
    20    (a) the person authorized to consent for  a  newborn,  as  defined  by
    21  subdivision two of section twenty-five hundred four of this title, gives

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06057-06-0
        A. 5478--A                          2

     1  prior  written  and  verbal informed consent specific to the drug and/or
     2  alcohol test or drug and/or alcohol screen; and
     3    (b)  the  performance  of  the drug and/or alcohol test or drug and/or
     4  alcohol screen is within the scope of medical care being provided to the
     5  newborn.
     6    4. Written and verbal informed consent to a drug or  alcohol  test  or
     7  drug  or  alcohol screen shall occur at the time of testing, in language
     8  understandable to the pregnant person, perinatal person or  the  persons
     9  authorized  to  consent  for  newborns, under circumstances that provide
    10  such person sufficient opportunity to consider whether or not to undergo
    11  such drug or alcohol test or drug or alcohol  screen  and  minimize  the
    12  possibility  of coercion or undue influence, and shall consist of verbal
    13  authorization and  written  authorization  that  is  dated,  signed  and
    14  includes the following:
    15    (a)  a  statement explaining that consenting to a drug or alcohol test
    16  or drug or alcohol screen is voluntary and requires written  and  verbal
    17  informed  consent, except when conditions under subdivision five of this
    18  section are met;
    19    (b) a statement that testing or screening positive  for  drugs  and/or
    20  alcohol  could have legal consequences, including, but not limited to, a
    21  report to child protective services, and that the  person  may  want  to
    22  consult  with  legal  counsel  prior to or after consenting to a drug or
    23  alcohol test or drug or alcohol screen;
    24    (c) a statement explaining the extent of confidentiality of  the  test
    25  or screen results;
    26    (d) a statement of the medical purpose of the test or screen; and
    27    (e) a general description of the test or screen.
    28    5. Drug and/or alcohol testing or drug and/or alcohol screening may be
    29  performed  without  consent  of the patient or the persons authorized to
    30  consent for minors when,  in  the  physician's  judgment,  an  emergency
    31  exists  and the person is in immediate need of medical attention, and an
    32  attempt to secure consent would result in delay of treatment which would
    33  increase the risk to such person's life or health. In the case that drug
    34  and/or alcohol testing or drug and/or  alcohol  screening  is  performed
    35  under these circumstances, the test or screen results shall be discussed
    36  with  the  patient or the persons authorized to consent for newborns, in
    37  language understandable to the pregnant person, perinatal person or  the
    38  persons  authorized  to consent for newborns and shall consist of verbal
    39  notification and written notification that is dated, signed and includes
    40  the following:
    41    (a) a statement that testing or screening  positive  for  drug  and/or
    42  alcohol  could  have  legal consequences, including but not limited to a
    43  potential report to child protective services, and that the patient  may
    44  want to consult with legal counsel;
    45    (b)  a statement that the patient or the persons authorized to consent
    46  for newborns may appeal the determination that  unconsented  testing  or
    47  screening was necessary due to emergency;
    48    (c)  a statement in the medical record with a description of the emer-
    49  gency that necessitated unconsented drug and/or alcohol testing or  drug
    50  and/or alcohol screening; and
    51    (d)  a  statement explaining the extent of confidentiality of the test
    52  or screen results.
    53    6. No physician, authorized practitioner, nurse  practitioner,  hospi-
    54  tal,  and/or  any  medical personnel shall refuse to treat a pregnant or
    55  perinatal person or a  perinatal  person's  newborn  child  due  to  the
        A. 5478--A                          3

     1  person's  refusal to submit to a drug and/or alcohol test or drug and/or
     2  alcohol screen.
     3    7.  Nothing  in  this  section shall diminish any other requirement to
     4  obtain informed consent for a drug or alcohol test or  drug  or  alcohol
     5  screen or any other procedure.
     6    §  2.  Section  6530  of  the education law is amended by adding a new
     7  subdivision 51 to read as follows:
     8    51. Performing a drug or alcohol test or drug  or  alcohol  screen  in
     9  violation  of  section  twenty-five  hundred nine-b of the public health
    10  law.
    11    § 3. This act shall take effect immediately.