New York Senate Passes Bill to Restrict Drug and Marijuana Testing of Pregnant Patients and Newborns
- The New York Senate approved Senate Bill 845, the Maternal Health, Dignity and Consent Act, which restricts drug, marijuana, and alcohol testing on pregnant and postpartum patients and newborns.
- The legislation, sponsored by State Senator Julia Salazar, requires patient consent for such testing unless it is part of medical care or necessary in a medical emergency.
- The bill aims to protect patient dignity and reduce unnecessary testing that can lead to family separation or other negative consequences without medical justification.
- After Senate approval, the bill moves to the Assembly for consideration before potentially reaching Governor Kathy Hochul for signing into law.
(Photo credit: Emily Koonce)
The New York Senate has approved legislation that would restrict when healthcare providers may conduct drug, marijuana or alcohol testing on pregnant and postpartum patients, as well as newborns.
Senate Bill 845, sponsored by State Senator Julia Salazar (D), passed the full Senate today and was delivered to the Assembly for consideration.
The bill, titled the Maternal Health, Dignity and Consent Act, would prohibit drug, marijuana or alcohol testing and screening of a pregnant or postpartum individual, or a newborn, unless the person consents and the test is within the scope of medical care. Testing would also be allowed if it is necessary during a medical emergency.
Supporters of the proposal say it is designed to protect patient dignity and reduce unnecessary testing that can lead to family separation or other consequences, particularly when there is no medical reason for the screening.
The measure has more than 20 sponsors in the Senate. It was first introduced in January 2025 and amended in May before advancing through the chamber.
With Senate approval, the proposal now heads to the Assembly, where it must be passed before it can be sent to Governor Kathy Hochul for consideration.