assembly Bill A5478A

2019-2020 Legislative Session

Relates to prohibiting drug or alcohol testing and screening of pregnant women

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 09, 2020 print number 5478a
Sep 09, 2020 amend (t) and recommit to governmental operations
Jan 08, 2020 referred to governmental operations
Feb 12, 2019 referred to governmental operations

A5478 - Details

Law Section:
Public Health Law
Laws Affected:
Add §2509-b, Pub Health L; amd §6530, Ed L
Versions Introduced in 2021-2022 Legislative Session:
A4285

A5478 - Summary

Relates to prohibiting drug or alcohol testing and screening of pregnant women unless the woman consents or the testing or screening is necessary for a medical emergency.

A5478 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5478
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation  to  prohibiting  drug
   testing of pregnant women
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil rights law is amended by  adding  a  new  section
 79-o to read as follows:
   § 79-O. DRUG TESTING FOR PREGNANT WOMEN; PROHIBITED. 1.  NOTWITHSTAND-
 ING  ANY OTHER PROVISION OF LAW, NO PERSON OR ORGANIZATION SHALL REQUIRE
 A PREGNANT WOMAN TO SUBMIT TO DRUG TESTING UNLESS SUCH WOMAN CONSENTS TO
 SUCH TESTING OR SUCH TESTING IS NECESSARY FOR AN EMERGENCY  PURPOSE.  IN
 THE  CASE  THAT  THE DRUG TESTING IS PERFORMED FOR AN EMERGENCY PURPOSE,
 THE RESULTS SHALL BE KEPT CONFIDENTIAL AND  NOT  BE  USED  FOR  PURPOSES
 OTHER THAN THE TREATMENT OR DIAGNOSES OF A DISEASE OR MEDICAL ISSUE.
   2.  FOR  PURPOSES  OF THIS SECTION, "EMERGENCY PURPOSE" SHALL MEAN ANY
 INSTANCE WHERE SUCH DRUG TESTING IS DETERMINED  TO  BE  NECESSARY  BY  A
 MEDICAL PROFESSIONAL AND SUCH PREGNANT WOMAN IS INCAPACITATED AND UNABLE
 TO CONSENT TO SUCH TESTING.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06057-01-9


A5478A (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Add §2509-b, Pub Health L; amd §6530, Ed L
Versions Introduced in 2021-2022 Legislative Session:
A4285

A5478A (ACTIVE) - Summary

Relates to prohibiting drug or alcohol testing and screening of pregnant women unless the woman consents or the testing or screening is necessary for a medical emergency.

A5478A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5478--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Governmental Operations -- recommitted to  the  Committee
   on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 AN ACT to amend the public health law and the education law, in relation
   to  prohibiting  drug  or  alcohol  testing  and screening of pregnant
   persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2509-b to read as follows:
   § 2509-B. DRUG OR ALCOHOL TESTING AND SCREENING FOR PREGNANT  PERSONS;
 PROHIBITED.  1.    FOR  PURPOSES  OF  THIS  SECTION, "DRUG" SHALL MEAN A
 CONTROLLED SUBSTANCE AS THAT TERM IS  DEFINED  IN  SECTION  THIRTY-THREE
 HUNDRED SIX OF THIS CHAPTER.
   2.  NO  PHYSICIAN, AUTHORIZED PRACTITIONER, NURSE PRACTITIONER, SOCIAL
 WORKER, HOSPITAL AND/OR ANY MEDICAL PERSONNEL SHALL PERFORM  A  DRUG  OR
 ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN ON A PREGNANT OR PERINATAL PERSON
 UNLESS:
   (A)  SUCH  PREGNANT PERSON OR PERINATAL PERSON GIVES PRIOR WRITTEN AND
 VERBAL INFORMED CONSENT SPECIFIC TO THE DRUG AND/OR ALCOHOL TEST OR DRUG
 AND/OR ALCOHOL SCREEN; AND
   (B) THE PERFORMANCE OF THE DRUG AND/OR ALCOHOL  TEST  OR  DRUG  AND/OR
 ALCOHOL  SCREEN  IS  WITHIN  THE SCOPE OF MEDICAL CARE BEING PROVIDED TO
 SUCH PREGNANT PERSON OR PERINATAL PERSON.
   3. NO PHYSICIAN, AUTHORIZED PRACTITIONER, NURSE  PRACTITIONER,  SOCIAL
 WORKER,  HOSPITAL,  AND/OR ANY MEDICAL PERSONNEL SHALL PERFORM A DRUG OR
 ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN ON A NEWBORN UNLESS:
   (A) THE PERSON AUTHORIZED TO CONSENT FOR  A  NEWBORN,  AS  DEFINED  BY
 SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED FOUR OF THIS TITLE, GIVES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.