Bill > S00845

This bill, known as the "Maternal Health, Dignity and Consent Act," prohibits healthcare professionals from conducting drug, cannabis, or alcohol testing or screening on pregnant or postpartum individuals and newborns without their explicit, informed consent. Specifically, the bill requires healthcare providers to obtain prior written and oral consent that is specific to the test or screen, delivered in understandable language, and given without coercion. The consent must include information about potential legal consequences, confidentiality, medical purpose, and the voluntary nature of the testing. Testing can only be performed within the scope of medical care, with an exception for medical emergencies where immediate treatment is necessary and obtaining consent would delay critical care. The bill also ensures that healthcare professionals cannot refuse treatment to pregnant, postpartum individuals, or newborns who decline testing. Importantly, the law defines "drugs" as controlled substances, "cannabis" as defined in penal law, and specifies that testing can involve biological samples like urine or hair, or screening tools such as questionnaires. The bill aims to protect the rights and dignity of pregnant and postpartum individuals by ensuring they have control over medical testing and screening procedures.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S845