senate Bill S4821A

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Women's Issues 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2022 print number 4821a
May 03, 2022 amend (t) and recommit to women's issues
Jan 05, 2022 referred to women's issues
May 05, 2021 reported and committed to health
Feb 12, 2021 referred to women's issues

Votes

view votes

May 5, 2021 - Women's Issues committee Vote

S4821
5
2
committee
5
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 5, 2021

nay (2)

Co-Sponsors

view additional co-sponsors

S4821 - Details

See Assembly Version of this Bill:
A4285
Current Committee:
Senate Women's Issues
Law Section:
Public Health Law
Laws Affected:
Add §2509-b, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A5478

S4821 - 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.

S4821 - Sponsor Memo

S4821 - 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

Co-Sponsors

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S4821A (ACTIVE) - Details

See Assembly Version of this Bill:
A4285
Current Committee:
Senate Women's Issues
Law Section:
Public Health Law
Laws Affected:
Add §2509-b, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A5478

S4821A (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.

S4821A (ACTIVE) - Sponsor Memo

S4821A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4821--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by  Sens.  SALAZAR, BIAGGI, BROUK, CLEARE, JACKSON, KRUEGER,
   MYRIE, RIVERA, SEPULVEDA -- read twice and ordered printed,  and  when
   printed  to  be committed to the Committee on Women's Issues -- recom-
   mitted to the Committee on Women's Issues in  accordance  with  Senate
   Rule  6,  sec.  8  --  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
   (II)  THE  PERFORMANCE  OF  THE DRUG OR ALCOHOL SCREEN IS  WITHIN  THE
 SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE INDIVIDUAL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00548-05-2
 S. 4821--A                          2

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