S T A T E O F N E W Y O R K
________________________________________________________________________
7955
I N S E N A T E
March 4, 2020
___________
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and
when printed to be committed to the Committee on Women's Issues
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-p to read as follows:
§ 79-P. 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.
LBD06057-02-0