|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 05, 2021||reported and committed to health|
|Feb 12, 2021||referred to women's issues|
senate Bill S4821
Current Bill Status - In Senate Committee Health Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4821 (ACTIVE) - Details
S4821 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4821 SPONSOR: SALAZAR TITLE OF BILL: 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 PURPOSE: This bill preserves the trust between a pregnant or perinatal person and their healthcare provider by prohibiting drug testing without informed consent. SUMMARY OF SPECIFIC PROVISIONS: Section one amends the public health law by adding a new section 2509-b. Section two amends section 6530 of the education law by adding a new subdivision 51.
S4821 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4821 2021-2022 Regular Sessions I N S E N A T E February 12, 2021 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues 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
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