Bill Text: NY S00320 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2024-01-03 - REFERRED TO WOMEN'S ISSUES [S00320 Detail]

Download: New_York-2023-S00320-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         320--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (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:

     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 or post-
     4  partum individuals; prohibited. 1.  For purposes of this section:
     5    (a) "drug" shall mean a controlled substance as that term  is  defined
     6  in section thirty-three hundred six of this chapter.
     7    (b)  "drug  or  alcohol  test"  shall  mean  a test using a biological
     8  sample, including, but not limited to, urine or hair, for  the  presence
     9  of drugs or alcohol.
    10    (c)  "drug or alcohol screen" shall mean the use of a validated verbal
    11  or written tool or questionnaire by a health care professional licensed,
    12  certified, or authorized under title  eight  of  the  education  law  to
    13  determine use of drugs or alcohol by a pregnant or postpartum person.
    14    2.  No  health  care  professional  licensed, certified, or authorized
    15  under title eight of the education law shall:
    16    (a) perform a drug or alcohol test on a person who is pregnant  or  up
    17  to one year postpartum unless:
    18    (i) the pregnant or postpartum individual gives prior written and oral
    19  informed consent specific to the drug or alcohol test; and
    20    (ii)  the  performance of the drug or alcohol test is within the scope
    21  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

     1    (b) perform a drug or alcohol screen in a hospital on a person who  is
     2  pregnant or up to one year postpartum unless:
     3    (i)  the    pregnant or postpartum individual gives prior written  and
     4  oral informed consent specific to the drug or alcohol screen; and
     5    (ii)  the  performance  of  the drug or alcohol screen is  within  the
     6  scope of medical care  being  provided  to the individual;
     7    (c)  perform  a  drug or alcohol screen outside a hospital on a person
     8  who is pregnant or up to one year postpartum unless:
     9    (i) the  pregnant or postpartum individual gives prior  oral  informed
    10  consent specific to the drug or alcohol screen; and
    11    (ii)   the   performance  of  the drug or alcohol screen is within the
    12  scope of medical  care  being  provided  to the individual.
    13    3. No health care professional licensed, certified or authorized under
    14  title eight of the education law shall:
    15    (a) perform a drug or alcohol test on a newborn unless:
    16    (i) the individual authorized to consent for the newborn,  as  defined
    17  by  subdivision  two  of section twenty-five hundred four of this title,
    18  gives prior written and oral informed consent specific to  the  drug  or
    19  alcohol test; and
    20    (ii)  the  performance of the drug or alcohol test is within the scope
    21  of medical care being provided to the newborn;
    22    (b) perform a drug or alcohol  screen  in  a  hospital  on  a  newborn
    23  unless:
    24    (i)  the    individual   authorized   to   consent for the newborn, as
    25  defined by subdivision two of section twenty-five hundred four  of  this
    26  title,  gives  prior   written and oral informed consent specific to the
    27  drug or alcohol screen; and
    28    (ii)  the  performance  of  the drug or alcohol screen is  within  the
    29  scope of medical care  being  provided  to the newborn;
    30    (c)  perform  a  drug  or  alcohol  screen  outside  a  hospital  on a
    31  newborn unless:
    32    (i) the   individual   authorized   to   consent for the  newborn,  as
    33  defined  by  subdivision two of section twenty-five hundred four of this
    34  title, gives prior  oral informed consent specific to the drug or  alco-
    35  hol screen; and
    36    (ii)   the   performance  of  the drug or alcohol screen is within the
    37  scope of medical care  being  provided  to the newborn.
    38    4. Written and oral informed consent to a drug or alcohol test or drug
    39  or alcohol screen shall occur at the time of testing, in language under-
    40  standable to the pregnant or postpartum individual,  or  the  individual
    41  authorized  to consent for the newborn, under circumstances that provide
    42  such individual sufficient opportunity to consider  whether  or  not  to
    43  authorize  the  drug or alcohol test or drug or alcohol screen and mini-
    44  mize the possibility of coercion or undue influence, and  shall  consist
    45  of  oral  authorization  and written authorization that is dated, signed
    46  and includes the following:
    47    (a) a statement explaining that consenting to a drug or  alcohol  test
    48  or  drug  or  alcohol  screen is voluntary and requires written and oral
    49  informed consent, except when conditions under subdivision five of  this
    50  section are met;
    51    (b)  a statement that testing or screening positive for drugs or alco-
    52  hol could have legal consequences, including,  but  not  limited  to,  a
    53  report to child protective services, and that the individual may want to
    54  consult  with  legal  counsel  prior to or after consenting to a drug or
    55  alcohol test or drug or alcohol screen;
        S. 320--A                           3

     1    (c) a statement explaining the extent of confidentiality of  the  test
     2  or screen results;
     3    (d) a statement of the medical purpose of the test or screen; and
     4    (e) a general description of the test or screen.
     5    5.  Drug  or  alcohol  testing  or  drug  or  alcohol screening may be
     6  performed without consent of the patient or the individual authorized to
     7  consent for a newborn when, in the health care professional's  judgment,
     8  an  emergency  exists and the patient or newborn is in immediate need of
     9  medical attention, and an attempt to  secure  consent  would  result  in
    10  delay  of  treatment  that  could  increase the risk to the patient's or
    11  newborn's life or health. In the case that drug or  alcohol  testing  or
    12  drug  or  alcohol  screening is performed under these circumstances, the
    13  test or screen results shall be discussed with the patient or the  indi-
    14  vidual authorized to consent for the newborn, in language understandable
    15  to  the patient or individuals authorized to consent for the newborn and
    16  shall consist of oral notification  and  written  notification  that  is
    17  dated, signed and includes the following:
    18    (a)  a statement that testing or screening positive for drugs or alco-
    19  hol could have legal consequences, including but not limited to a poten-
    20  tial report to child protective services, and that the patient or  indi-
    21  vidual  authorized  to  consent for the newborn may want to consult with
    22  legal counsel;
    23    (b) a statement in the medical record with a description of the  emer-
    24  gency  that  necessitated unconsented drug or alcohol testing or drug or
    25  alcohol screening; and
    26    (c) a statement explaining the extent of confidentiality of  the  test
    27  or screen results.
    28    6.  No  health  care  professional  licensed, certified, or authorized
    29  under title eight of the education law shall refuse to treat an individ-
    30  ual who is pregnant or up to one year postpartum or a newborn because of
    31  the patient or individuals  authorized  to  consent  for  the  newborn's
    32  refusal to submit to a drug or alcohol test or drug or alcohol screen.
    33    7.  Nothing  in  this  section shall diminish any other requirement to
    34  obtain informed consent for a drug or alcohol test or  drug  or  alcohol
    35  screen or any other procedure.
    36    § 2. This act shall take effect immediately.