Establishes the "Maternal Health, Dignity and Consent act"

◆ The sponsor's argument

Why Julia Salazar says this is needed

When a pregnant person comes to a hospital or medical provider seeking medical care, there is an expectation that they will receive only services to which they consent and seek. The involuntary or uninformed drug testing of pregnant and perinatal persons not only runs counter to this, but it serves as a disincentive to the pursuit of medical support during pregnancy and childbirth. New York State currently ranks 30th among all states with a maternal mortality rate of 25 deaths per 100,000 live births. Pregnant persons who engage in substance use face significant barriers to seeking treatment, general medical care, and prenatal care. Amongst these barriers is the fear of judgment by healthcare providers, and more importantly, the risk of a child protective services investigation, loss of the child and/or criminal justice repercussions (1). In cases where a doctor deems it necessary to perform an emergency drug test on an inca- pacitated patient, unable to consent to such testing, it is equally vital that the results of this testing be kept confidential and not used for any purpose outside of medical diagnosis and treatment. In addition to enhancing access to medical care, there is evidence that proves that babies are safer as a result. New York City Health & Hospi- tals, the largest municipal hospital system in the country, implemented a policy in 2020 that requires informed consent for drug testing preg- nant people and newborns. Since implementing the policy, there has been an 80% drop in ACS investigations alleging parental drug use for mothers of newborns; and a 90% drop for Black birthing people, as well as a 37% drop in newborns removed by ACS (for any reason), meaning more newborns stay with their family. Data did not show any negative impact on child safety from the reduced number of ACS investigations. This legislation also aligns New York Law with the Department of Health's existing clinical guidelines for informed consent before drug testing pregnant people (2). This bill would standardize those informed consent practices across the state in line with these recommendations by prohibiting physicians or other medical personnel from conducting drug testing of a pregnant or perinatal person or their newborn without informed consent being provided, unless such testing is necessary for emergency purposes. This legislation will help to preserve the necessary trust between a pregnant or perinatal person in need of medical care and support, and their provider, and will remove a potential disincentive to seeking care. RACIAL AND SOCIAL JUSTICE IMPACT: Pregnant individuals seeking medical care should not be exposed to crim- inal or civil penalties or the risk of losing their child, particularly when the existence of such potential penalties often serves as a disin- centive to seek medical care. Rather, in order to reduce infant and maternal mortality and to encourage the provision of proper medical care, full informed consent regarding any drug or alcohol testing is necessary. Resources should be provided by medical providers to reduce harm and potential complications. It is crucial to recognize substance abuse as a debilitating disorder, and not as criminal behavior. The New York Advisory Committee to the U.S. Commission on Civil Rights issued a report in May 2024 on Examining the New York Child Welfare System and Its Impact on Black Children and Families (3). The Report documented the numerous ways in which Black families in particular are harmed by the manner in which the child protective system functions in NYS. The Report also specifically recommended enactment of this bill as a necessary step towards protecting Black families and children. In 2026, the NYS Division of Human Rights issued a final order in the New York Civil Liberty Union's favor in a case they brought in 2021 on behalf of a woman who was non-consensually drug tested at Garnet Health Medical Center (4). NYCLU argued that this was sex and pregnancy discrimin

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.