assembly Bill A4285A

2021-2022 Legislative Session

Prohibits drug or alcohol testing and screening of pregnant or postpartum individuals and newborns

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Current Bill Status - On Floor Calendar


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2022 ordered to third reading rules cal.446
rules report cal.446
reported
May 17, 2022 reported referred to rules
May 10, 2022 reported referred to codes
Apr 29, 2022 print number 4285a
Apr 29, 2022 amend (t) and recommit to health
Jan 05, 2022 referred to health
May 04, 2021 reference changed to health
Feb 01, 2021 referred to governmental operations

Co-Sponsors

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A4285 - Details

See Senate Version of this Bill:
S4821
Law Section:
Public Health Law
Laws Affected:
Add §2509-b, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A5478

A4285 - Summary

Relates to prohibiting drug or alcohol testing and screening of pregnant or postpartum individuals and newborns unless the individual consents and it is within the scope of medical care, or the testing or screening is necessary for a medical emergency.

A4285 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4285
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Governmental Operations
 
 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
 PRIOR WRITTEN AND VERBAL INFORMED CONSENT SPECIFIC TO  THE  DRUG  AND/OR
 ALCOHOL TEST OR DRUG AND/OR ALCOHOL SCREEN; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00548-02-1

Co-Sponsors

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A4285A (ACTIVE) - Details

See Senate Version of this Bill:
S4821
Law Section:
Public Health Law
Laws Affected:
Add §2509-b, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A5478

A4285A (ACTIVE) - Summary

Relates to prohibiting drug or alcohol testing and screening of pregnant or postpartum individuals and newborns unless the individual consents and it is within the scope of medical care, or the testing or screening is necessary for a medical emergency.

A4285A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4285--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced   by  M.  of  A.  L. ROSENTHAL,  FORREST,  SEAWRIGHT,  AUBRY,
   J. RIVERA, BICHOTTE HERMELYN, HEVESI, CARROLL, CLARK, ZINERMAN, SIMON,
   JACKSON, MITAYNES, GONZALEZ-ROJAS, SOLAGES, REYES, FERNANDEZ,  BURGOS,
   JEAN-PIERRE,  QUART  --  read  once  and  referred to the Committee on
   Governmental Operations --  reference  changed  to  the  Committee  on
   Health  --  recommitted  to the Committee on Health 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, in relation to  prohibiting  drug
   or alcohol testing and screening of pregnant or postpartum individuals
 
   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 OR POST-
 PARTUM INDIVIDUALS; 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  HEALTH  CARE  PROFESSIONAL  LICENSED, CERTIFIED, OR AUTHORIZED
 UNDER TITLE EIGHT OF THE EDUCATION LAW SHALL:
   (A) PERFORM A DRUG OR ALCOHOL TEST ON A PERSON WHO IS PREGNANT  OR  UP
 TO ONE YEAR POSTPARTUM UNLESS:
   (I) THE PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR WRITTEN AND ORAL
 INFORMED CONSENT SPECIFIC TO THE DRUG OR ALCOHOL TEST; AND
   (II)  THE  PERFORMANCE OF THE DRUG OR ALCOHOL TEST IS WITHIN THE SCOPE
 OF MEDICAL CARE BEING PROVIDED TO THE INDIVIDUAL.
   (B) PERFORM A DRUG OR ALCOHOL SCREEN IN A HOSPITAL ON A PERSON WHO  IS
 PREGNANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
   (I)  THE    PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR WRITTEN  AND
 ORAL INFORMED CONSENT SPECIFIC TO THE DRUG OR ALCOHOL SCREEN; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00548-04-2
 A. 4285--A                          2