NY State Senate Bill 2021-S4821A

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

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	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

- May 5, 2021 - Women's Issues Committee Vote
  S4821A
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Women's Issues Committee Vote: May 5, 2021
      
      aye (5)
      
      Brouk
      
      Harckham
      
      Kaplan
      
      Salazar
      
      Serrano
      
      nay (2)
      
      Jordan
      
      Weik

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-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 Other Legislative Sessions:: 2019-2020: A5478
2023-2024: S320, A109

2021-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.

2021-S4821 - 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.

Section three establishes the effective date

 
JUSTIFICATION:

When a pregnant person comes to a hospital seeking medical care, there
is an expectation that they will receive only services to which they
consent and seek. The involuntary drug testing of pregnant and perinatal
persons not only runs counter to this, but it serves as a disincentive
to the pursuit of medical support in childbirth. New York State current-
ly ranks 30th among all states with a maternal mortality rate at 25
deaths per 100,000 live births.

In cases where a doctor deems it necessary to perform an emergency drug
test on an incapacitated patient, unable to consent to such testing, it
is equally vital that the results of this testing be kept confidential
and not used for any purpose outside of medical diagnoses and treatment.

This legislation prohibits physicians or other medical personnel from
conducting drug testing of a pregnant or perinatal person or their
newborn without informed consent being provided, unless such testing is
necessary for emergency purposes. This legislation will help to preserve
the necessary trust between a pregnant or perinatal person in need of
medical support, and their provider, and will remove a potential disin-
centive to seeking care.

 
LEGISLATIVE HISTORY:

2019-20:
A.5478-A - Referred to Governmental Operations
S.7955 - Referred to Women's Issues

 
FISCAL IMPLICATIONS:

No fiscal implications to state or local government are anticipated.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-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

 S. 4821                             2
 
   (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 THE
 NEWBORN.
   4.  WRITTEN  AND  VERBAL INFORMED CONSENT TO A DRUG OR ALCOHOL TEST OR
 DRUG OR ALCOHOL SCREEN SHALL OCCUR AT THE TIME OF TESTING,  IN  LANGUAGE
 UNDERSTANDABLE  TO  THE PREGNANT PERSON, PERINATAL PERSON OR THE PERSONS
 AUTHORIZED TO CONSENT FOR NEWBORNS,  UNDER  CIRCUMSTANCES  THAT  PROVIDE
 SUCH PERSON SUFFICIENT OPPORTUNITY TO CONSIDER WHETHER OR NOT TO UNDERGO
 SUCH  DRUG  OR  ALCOHOL  TEST OR DRUG OR ALCOHOL SCREEN AND MINIMIZE THE
 POSSIBILITY OF COERCION OR UNDUE INFLUENCE, AND SHALL CONSIST OF  VERBAL
 AUTHORIZATION  AND  WRITTEN  AUTHORIZATION  THAT  IS  DATED,  SIGNED AND
 INCLUDES THE FOLLOWING:
   (A) A STATEMENT EXPLAINING THAT CONSENTING TO A DRUG OR  ALCOHOL  TEST
 OR  DRUG  OR ALCOHOL SCREEN IS VOLUNTARY AND REQUIRES WRITTEN AND VERBAL
 INFORMED CONSENT, EXCEPT WHEN CONDITIONS UNDER SUBDIVISION FIVE OF  THIS
 SECTION ARE MET;
   (B)  A  STATEMENT  THAT TESTING OR SCREENING POSITIVE FOR DRUGS AND/OR
 ALCOHOL COULD HAVE LEGAL CONSEQUENCES, INCLUDING, BUT NOT LIMITED TO,  A
 REPORT  TO  CHILD  PROTECTIVE  SERVICES, AND THAT THE PERSON MAY WANT TO
 CONSULT WITH LEGAL COUNSEL PRIOR TO OR AFTER CONSENTING  TO  A  DRUG  OR
 ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN;
   (C)  A  STATEMENT EXPLAINING THE EXTENT OF CONFIDENTIALITY OF THE TEST
 OR SCREEN RESULTS;
   (D) A STATEMENT OF THE MEDICAL PURPOSE OF THE TEST OR SCREEN; AND
   (E) A GENERAL DESCRIPTION OF THE TEST OR SCREEN.
   5. DRUG AND/OR ALCOHOL TESTING OR DRUG AND/OR ALCOHOL SCREENING MAY BE
 PERFORMED WITHOUT CONSENT OF THE PATIENT OR THE  PERSONS  AUTHORIZED  TO
 CONSENT  FOR  NEWBORNS  WHEN,  IN THE PHYSICIAN'S JUDGMENT, AN EMERGENCY
 EXISTS AND THE PERSON IS IN IMMEDIATE NEED OF MEDICAL ATTENTION, AND  AN
 ATTEMPT TO SECURE CONSENT WOULD RESULT IN DELAY OF TREATMENT WHICH WOULD
 INCREASE THE RISK TO SUCH PERSON'S LIFE OR HEALTH. IN THE CASE THAT DRUG
 AND/OR  ALCOHOL  TESTING  OR  DRUG AND/OR ALCOHOL SCREENING IS PERFORMED
 UNDER THESE CIRCUMSTANCES, THE TEST OR SCREEN RESULTS SHALL BE DISCUSSED
 WITH THE PATIENT OR THE PERSONS AUTHORIZED TO CONSENT FOR  NEWBORNS,  IN
 LANGUAGE  UNDERSTANDABLE TO THE PREGNANT PERSON, PERINATAL PERSON OR THE
 PERSONS AUTHORIZED TO CONSENT FOR NEWBORNS AND SHALL CONSIST  OF  VERBAL
 NOTIFICATION AND WRITTEN NOTIFICATION THAT IS DATED, SIGNED AND INCLUDES
 THE FOLLOWING:
   (A)  A  STATEMENT  THAT  TESTING OR SCREENING POSITIVE FOR DRUG AND/OR
 ALCOHOL COULD HAVE LEGAL CONSEQUENCES, INCLUDING BUT NOT  LIMITED  TO  A
 POTENTIAL  REPORT TO CHILD PROTECTIVE SERVICES, AND THAT THE PATIENT MAY
 WANT TO CONSULT WITH LEGAL COUNSEL;
   (B) A STATEMENT THAT THE PATIENT OR THE PERSONS AUTHORIZED TO  CONSENT
 FOR  NEWBORNS  MAY  APPEAL THE DETERMINATION THAT UNCONSENTED TESTING OR
 SCREENING WAS NECESSARY DUE TO EMERGENCY;
   (C) A STATEMENT IN THE MEDICAL RECORD WITH A DESCRIPTION OF THE  EMER-
 GENCY  THAT NECESSITATED UNCONSENTED DRUG AND/OR ALCOHOL TESTING OR DRUG
 AND/OR ALCOHOL SCREENING; AND
   (D) A STATEMENT EXPLAINING THE EXTENT OF CONFIDENTIALITY OF  THE  TEST
 OR SCREEN RESULTS.
   6.  NO  PHYSICIAN, AUTHORIZED PRACTITIONER, NURSE PRACTITIONER, HOSPI-
 TAL, AND/OR ANY MEDICAL PERSONNEL SHALL REFUSE TO TREAT  A  PREGNANT  OR
 PERINATAL  PERSON  OR  A  PERINATAL  PERSON'S  NEWBORN  CHILD DUE TO THE
 PERSON'S REFUSAL TO SUBMIT TO A DRUG AND/OR ALCOHOL TEST OR DRUG  AND/OR
 ALCOHOL SCREEN.

 S. 4821                             3
 
   7.  NOTHING  IN  THIS  SECTION SHALL DIMINISH ANY OTHER REQUIREMENT TO
 OBTAIN INFORMED CONSENT FOR A DRUG OR ALCOHOL TEST OR  DRUG  OR  ALCOHOL
 SCREEN OR ANY OTHER PROCEDURE.
   §  2.  Section  6530  of  the education law is amended by adding a new
 subdivision 51 to read as follows:
   51. PERFORMING A DRUG OR ALCOHOL TEST OR DRUG  OR  ALCOHOL  SCREEN  IN
 VIOLATION  OF  SECTION  TWENTY-FIVE  HUNDRED NINE-B OF THE PUBLIC HEALTH
 LAW.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-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 Other Legislative Sessions:: 2019-2020: A5478
2023-2024: S320, A109

2021-S4821A (ACTIVE) - Summary

2021-S4821A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4821A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting drug
or alcohol testing and screening of pregnant or postpartum individuals

 
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,
which requires clear and informed consent from pregnant women regarding
drug or alcohol tests and screenings.

Section two amends section 6530 of the education law by adding a new
subdivision 51.

Section three establishes the effective date.

 
JUSTIFICATION:

When a pregnant person comes to a hospital seeking medical care, there
is an expectation that they will receive only services to which they
consent and seek. The involuntary drug testing of pregnant and perinatal
persons not only runs counter to this, but it serves as a disincentive
to the pursuit of medical support in childbirth. New York State current-
ly ranks 30th among all states with a maternal mortality rate at 25
deaths per 100,000 live births.

In cases where a doctor deems it necessary to perform an emergency drug
test on an incapacitated patient, unable to consent to such testing, it
is equally vital that the results of this testing be kept confidential
and not used for any purpose outside of medical diagnoses and treatment.

This legislation prohibits physicians or other medical personnel from
conducting drug testing of a pregnant or perinatal person or their
newborn without informed consent being provided, unless such testing is
necessary for emergency purposes. This legislation will help to preserve
the necessary trust between a pregnant or perinatal person in need of
medical support, and their provider, and will remove a potential disin-
centive to seeking care.

 
AMENDED BILL:

The B print makes a distinction between "tests" and "screenings" and
between in-hospital visits and out-of-hospital visits. Under the new
version, pregnant or post-partum individuals must give both written and
oral informed consent to be tested for alcohol or drugs. However, in
regard to screening, both written and oral informed consent is required
for alcohol or drug screening during in-hospital visits, while only oral
informed consent is required to be screened in out-of-hospital visits.

 
LEGISLATIVE HISTORY:
2019-20:  A.5478-A - Referred to Governmental Operations

S.7955 - Referred to Women's Issues

 
FISCAL IMPLICATIONS:

No fiscal implications to state or local government are anticipated.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-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

 
   (C)  PERFORM  A  DRUG OR ALCOHOL SCREEN OUTSIDE A HOSPITAL ON A PERSON
 WHO IS PREGNANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
   (I)  THE   PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR 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.
   3. 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 NEWBORN UNLESS:
   (I)  THE  INDIVIDUAL AUTHORIZED TO CONSENT FOR THE NEWBORN, AS DEFINED
 BY SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED FOUR  OF  THIS  TITLE,
 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 NEWBORN;
   (B)  PERFORM  A  DRUG  OR  ALCOHOL  SCREEN  IN A HOSPITAL ON A NEWBORN
 UNLESS:
   (I) THE   INDIVIDUAL   AUTHORIZED   TO   CONSENT FOR THE  NEWBORN,  AS
 DEFINED  BY  SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED FOUR OF THIS
 TITLE, 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 NEWBORN;
   (C) PERFORM  A  DRUG  OR  ALCOHOL  SCREEN  OUTSIDE  A  HOSPITAL  ON  A
 NEWBORN UNLESS:
   (I)  THE    INDIVIDUAL   AUTHORIZED   TO   CONSENT FOR THE NEWBORN, AS
 DEFINED BY SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED FOUR  OF  THIS
 TITLE,  GIVES PRIOR  ORAL INFORMED CONSENT SPECIFIC TO THE DRUG OR ALCO-
 HOL SCREEN; AND
   (II)  THE  PERFORMANCE  OF  THE DRUG OR ALCOHOL SCREEN IS  WITHIN  THE
 SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE NEWBORN.
   4. WRITTEN AND ORAL INFORMED CONSENT TO A DRUG OR ALCOHOL TEST OR DRUG
 OR ALCOHOL SCREEN SHALL OCCUR AT THE TIME OF TESTING, IN LANGUAGE UNDER-
 STANDABLE  TO  THE  PREGNANT OR POSTPARTUM INDIVIDUAL, OR THE INDIVIDUAL
 AUTHORIZED TO CONSENT FOR THE NEWBORN, UNDER CIRCUMSTANCES THAT  PROVIDE
 SUCH  INDIVIDUAL  SUFFICIENT  OPPORTUNITY  TO CONSIDER WHETHER OR NOT TO
 AUTHORIZE THE DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN  AND  MINI-
 MIZE  THE  POSSIBILITY OF COERCION OR UNDUE INFLUENCE, AND SHALL CONSIST
 OF ORAL AUTHORIZATION AND WRITTEN AUTHORIZATION THAT  IS  DATED,  SIGNED
 AND INCLUDES THE FOLLOWING:
   (A)  A  STATEMENT EXPLAINING THAT CONSENTING TO A DRUG OR ALCOHOL TEST
 OR DRUG OR ALCOHOL SCREEN IS VOLUNTARY AND  REQUIRES  WRITTEN  AND  ORAL
 INFORMED  CONSENT, EXCEPT WHEN CONDITIONS UNDER SUBDIVISION FIVE OF THIS
 SECTION ARE MET;
   (B) A STATEMENT THAT TESTING OR SCREENING POSITIVE FOR DRUGS OR  ALCO-
 HOL  COULD  HAVE  LEGAL  CONSEQUENCES,  INCLUDING, BUT NOT LIMITED TO, A
 REPORT TO CHILD PROTECTIVE SERVICES, AND THAT THE INDIVIDUAL MAY WANT TO
 CONSULT WITH LEGAL COUNSEL PRIOR TO OR AFTER CONSENTING  TO  A  DRUG  OR
 ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN;
   (C)  A  STATEMENT EXPLAINING THE EXTENT OF CONFIDENTIALITY OF THE TEST
 OR SCREEN RESULTS;
   (D) A STATEMENT OF THE MEDICAL PURPOSE OF THE TEST OR SCREEN; AND
   (E) A GENERAL DESCRIPTION OF THE TEST OR SCREEN.
   5. DRUG OR ALCOHOL  TESTING  OR  DRUG  OR  ALCOHOL  SCREENING  MAY  BE
 PERFORMED WITHOUT CONSENT OF THE PATIENT OR THE INDIVIDUAL AUTHORIZED TO
 CONSENT  FOR A NEWBORN WHEN, IN THE HEALTH CARE PROFESSIONAL'S JUDGMENT,
 S. 4821--A                          3
 
 AN EMERGENCY EXISTS AND THE PATIENT OR NEWBORN IS IN IMMEDIATE  NEED  OF
 MEDICAL  ATTENTION,  AND  AN  ATTEMPT  TO SECURE CONSENT WOULD RESULT IN
 DELAY OF TREATMENT THAT COULD INCREASE THE  RISK  TO  THE  PATIENT'S  OR
 NEWBORN'S  LIFE  OR  HEALTH. IN THE CASE THAT DRUG OR ALCOHOL TESTING OR
 DRUG OR ALCOHOL SCREENING IS PERFORMED UNDER  THESE  CIRCUMSTANCES,  THE
 TEST  OR SCREEN RESULTS SHALL BE DISCUSSED WITH THE PATIENT OR THE INDI-
 VIDUAL AUTHORIZED TO CONSENT FOR THE NEWBORN, IN LANGUAGE UNDERSTANDABLE
 TO THE PATIENT OR INDIVIDUALS AUTHORIZED TO CONSENT FOR THE NEWBORN  AND
 SHALL  CONSIST  OF  ORAL  NOTIFICATION  AND WRITTEN NOTIFICATION THAT IS
 DATED, SIGNED AND INCLUDES THE FOLLOWING:
   (A) A STATEMENT THAT TESTING OR SCREENING POSITIVE FOR DRUGS OR  ALCO-
 HOL COULD HAVE LEGAL CONSEQUENCES, INCLUDING BUT NOT LIMITED TO A POTEN-
 TIAL  REPORT TO CHILD PROTECTIVE SERVICES, AND THAT THE PATIENT OR INDI-
 VIDUAL AUTHORIZED TO CONSENT FOR THE NEWBORN MAY WANT  TO  CONSULT  WITH
 LEGAL COUNSEL;
   (B)  A STATEMENT IN THE MEDICAL RECORD WITH A DESCRIPTION OF THE EMER-
 GENCY THAT NECESSITATED UNCONSENTED DRUG OR ALCOHOL TESTING OR  DRUG  OR
 ALCOHOL SCREENING; AND
   (C)  A  STATEMENT EXPLAINING THE EXTENT OF CONFIDENTIALITY OF THE TEST
 OR SCREEN RESULTS.
   6. NO HEALTH CARE  PROFESSIONAL  LICENSED,  CERTIFIED,  OR  AUTHORIZED
 UNDER TITLE EIGHT OF THE EDUCATION LAW SHALL REFUSE TO TREAT AN INDIVID-
 UAL WHO IS PREGNANT OR UP TO ONE YEAR POSTPARTUM OR A NEWBORN BECAUSE OF
 THE  PATIENT  OR  INDIVIDUALS  AUTHORIZED  TO  CONSENT FOR THE NEWBORN'S
 REFUSAL TO SUBMIT TO A DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL SCREEN.
   7. NOTHING IN THIS SECTION SHALL DIMINISH  ANY  OTHER  REQUIREMENT  TO
 OBTAIN  INFORMED  CONSENT  FOR A DRUG OR ALCOHOL TEST OR DRUG OR ALCOHOL
 SCREEN OR ANY OTHER PROCEDURE.
   § 2. This act shall take effect immediately.

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Senate Bill S4821A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

Bill Amendments

co-Sponsors

2021-S4821 - Details

2021-S4821 - Summary

2021-S4821 - Sponsor Memo

2021-S4821 - Bill Text download pdf

co-Sponsors

2021-S4821A (ACTIVE) - Details

2021-S4821A (ACTIVE) - Summary

2021-S4821A (ACTIVE) - Sponsor Memo

2021-S4821A (ACTIVE) - Bill Text download pdf

Comments