Bill Text: NY S04821 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to prohibiting drug 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.

Sponsorship: Partisan Bill (Democrat 10)

Status: (Introduced - Dead) 2022-05-03 - PRINT NUMBER 4821A [S04821 Detail]

Download: New_York-2021-S04821-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4821--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 12, 2021
                                       ___________

        Introduced  by  Sens.  SALAZAR, BIAGGI, 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 -- recom-
          mitted to the Committee on Women's Issues in  accordance  with  Senate
          Rule  6,  sec.  8  --  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, "drug"
     5  shall mean a controlled substance as that term  is  defined  in  section
     6  thirty-three hundred six of this chapter.
     7    2.  No  health  care  professional  licensed, certified, or authorized
     8  under title eight of the education law shall:
     9    (a) perform a drug or alcohol test on a person who is pregnant  or  up
    10  to one year postpartum unless:
    11    (i) the pregnant or postpartum individual gives prior written and oral
    12  informed consent specific to the drug or alcohol test; and
    13    (ii)  the  performance of the drug or alcohol test is within the scope
    14  of medical care being provided to the individual.
    15    (b) perform a drug or alcohol screen in a hospital on a person who  is
    16  pregnant or up to one year postpartum unless:
    17    (i)  the    pregnant or postpartum individual gives prior written  and
    18  oral informed consent specific to the drug or alcohol screen; and
    19    (ii)  the  performance  of  the drug or alcohol screen is  within  the
    20  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.
                                                                   LBD00548-05-2
        S. 4821--A                          2

     1    (c)  perform  a  drug or alcohol screen outside a hospital on a person
     2  who is pregnant or up to one year postpartum unless:
     3    (i)  the   pregnant or postpartum individual gives prior oral informed
     4  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    3. No health care professional licensed, certified or authorized under
     8  title eight of the education law shall:
     9    (a) perform a drug or alcohol test on a newborn unless:
    10    (i)  the  individual authorized to consent for the newborn, as defined
    11  by subdivision two of section twenty-five hundred four  of  this  title,
    12  gives  prior  written  and oral informed consent specific to the drug or
    13  alcohol test; and
    14    (ii) the performance of the drug or alcohol test is within  the  scope
    15  of medical care being provided to the newborn;
    16    (b)  perform  a  drug  or  alcohol  screen  in a hospital on a newborn
    17  unless:
    18    (i) the   individual   authorized   to   consent for the  newborn,  as
    19  defined  by  subdivision two of section twenty-five hundred four of this
    20  title, gives prior  written and oral informed consent  specific  to  the
    21  drug or alcohol screen; and
    22    (ii)   the   performance  of  the drug or alcohol screen is within the
    23  scope of medical care  being  provided  to the newborn;
    24    (c) perform  a  drug  or  alcohol  screen  outside  a  hospital  on  a
    25  newborn unless:
    26    (i)  the    individual   authorized   to   consent for the newborn, as
    27  defined by subdivision two of section twenty-five hundred four  of  this
    28  title,  gives prior  oral informed consent specific to the drug or alco-
    29  hol screen; and
    30    (ii)  the  performance  of  the drug or alcohol screen is  within  the
    31  scope of medical care  being  provided  to the newborn.
    32    4. Written and oral informed consent to a drug or alcohol test or drug
    33  or alcohol screen shall occur at the time of testing, in language under-
    34  standable  to  the  pregnant or postpartum individual, or the individual
    35  authorized to consent for the newborn, under circumstances that  provide
    36  such  individual  sufficient  opportunity  to consider whether or not to
    37  authorize the drug or alcohol test or drug or alcohol screen  and  mini-
    38  mize  the  possibility of coercion or undue influence, and shall consist
    39  of oral authorization and written authorization that  is  dated,  signed
    40  and includes the following:
    41    (a)  a  statement explaining that consenting to a drug or alcohol test
    42  or drug or alcohol screen is voluntary and  requires  written  and  oral
    43  informed  consent, except when conditions under subdivision five of this
    44  section are met;
    45    (b) a statement that testing or screening positive for drugs or  alco-
    46  hol  could  have  legal  consequences,  including, but not limited to, a
    47  report to child protective services, and that the individual may want to
    48  consult with legal counsel prior to or after consenting  to  a  drug  or
    49  alcohol test or drug or alcohol screen;
    50    (c)  a  statement explaining the extent of confidentiality of the test
    51  or screen results;
    52    (d) a statement of the medical purpose of the test or screen; and
    53    (e) a general description of the test or screen.
    54    5. Drug or alcohol  testing  or  drug  or  alcohol  screening  may  be
    55  performed without consent of the patient or the individual authorized to
    56  consent  for a newborn when, in the health care professional's judgment,
        S. 4821--A                          3

     1  an emergency exists and the patient or newborn is in immediate  need  of
     2  medical  attention,  and  an  attempt  to secure consent would result in
     3  delay of treatment that could increase the  risk  to  the  patient's  or
     4  newborn's  life  or  health. In the case that drug or alcohol testing or
     5  drug or alcohol screening is performed under  these  circumstances,  the
     6  test  or screen results shall be discussed with the patient or the indi-
     7  vidual authorized to consent for the newborn, in language understandable
     8  to the patient or individuals authorized to consent for the newborn  and
     9  shall  consist  of  oral  notification  and written notification that is
    10  dated, signed and includes the following:
    11    (a) a statement that testing or screening positive for drugs or  alco-
    12  hol could have legal consequences, including but not limited to a poten-
    13  tial  report to child protective services, and that the patient or indi-
    14  vidual authorized to consent for the newborn may want  to  consult  with
    15  legal counsel;
    16    (b)  a statement in the medical record with a description of the emer-
    17  gency that necessitated unconsented drug or alcohol testing or  drug  or
    18  alcohol screening; and
    19    (c)  a  statement explaining the extent of confidentiality of the test
    20  or screen results.
    21    6. No health care  professional  licensed,  certified,  or  authorized
    22  under title eight of the education law shall refuse to treat an individ-
    23  ual who is pregnant or up to one year postpartum or a newborn because of
    24  the  patient  or  individuals  authorized  to  consent for the newborn's
    25  refusal to submit to a drug or alcohol test or drug or alcohol screen.
    26    7. Nothing in this section shall diminish  any  other  requirement  to
    27  obtain  informed  consent  for a drug or alcohol test or drug or alcohol
    28  screen or any other procedure.
    29    § 2. This act shall take effect immediately.