Bill > S00845

This bill, known as the "Maternal Health, Dignity and Consent Act," amends public health law to prohibit healthcare professionals from conducting drug, cannabis, or alcohol tests on pregnant or postpartum individuals and newborns unless specific conditions are met. A "drug" is defined as a controlled substance, and "cannabis" refers to marijuana or concentrated marijuana as defined by law. A "drug, cannabis or alcohol test" involves analyzing a biological sample like urine or hair for the presence of these substances. The bill stipulates that such testing can only occur if the individual (or their authorized representative for a newborn) provides prior written and oral informed consent, and the test is within the scope of the medical care being provided. This consent process must be voluntary, explained in understandable language, and allow sufficient time for consideration without coercion, including informing the individual about potential legal consequences like reporting to child protective services. An exception is made for medical emergencies where delaying treatment to obtain consent would pose an immediate risk to life or health, but even then, the results must be discussed with the individual afterward. Furthermore, healthcare professionals cannot refuse treatment to a pregnant or postpartum individual or a newborn due to their refusal to undergo such testing.