NY State Assembly Bill 2023-A109B

Assembly Bill A109B

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - On Floor Calendar

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2024	advanced to third reading cal.360
Mar 19, 2024	reported
Jan 03, 2024	referred to codes
Jun 07, 2023	print number 109b
Jun 07, 2023	amend (t) and recommit to rules
May 31, 2023	reported referred to rules
May 23, 2023	reported referred to codes
May 19, 2023	print number 109a
May 19, 2023	amend and recommit to health
Jan 04, 2023	referred to health

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2023-A109 - Details

See Senate Version of this Bill:: S320
Law Section:: Public Health Law
Laws Affected:: Add §2509-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A5478
2021-2022: A4285, S4821

2023-A109 - Summary

Prohibits drug, cannabis 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.

2023-A109 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    109
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  M.  of  A.  L. ROSENTHAL,  FORREST,  SEAWRIGHT,  AUBRY,
   BICHOTTE HERMELYN, CLARK, ZINERMAN, CARROLL, HEVESI,  SIMON,  JACKSON,
   MITAYNES,  REYES,  GONZALEZ-ROJAS, JEAN-PIERRE, BURGOS, CRUZ, EPSTEIN,
   OTIS -- read once and referred to the Committee on Health

 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;
   (C)  PERFORM  A  DRUG OR ALCOHOL SCREEN OUTSIDE A HOSPITAL ON A PERSON
 WHO IS PREGNANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00489-01-3
 A. 109                              2
 
   (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,
 AN  EMERGENCY  EXISTS AND THE PATIENT OR NEWBORN IS IN IMMEDIATE NEED OF
 MEDICAL ATTENTION, AND AN ATTEMPT TO  SECURE  CONSENT  WOULD  RESULT  IN
 A. 109                              3
 
 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.

co-Sponsors

View additional co-sponsors

2023-A109A - Details

See Senate Version of this Bill:: S320
Law Section:: Public Health Law
Laws Affected:: Add §2509-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A5478
2021-2022: A4285, S4821

2023-A109A - Summary

2023-A109A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  109--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  M.  of  A.  L. ROSENTHAL,  FORREST,  SEAWRIGHT,  AUBRY,
   BICHOTTE HERMELYN, CLARK, ZINERMAN, CARROLL, HEVESI,  SIMON,  JACKSON,
   MITAYNES,  REYES,  GONZALEZ-ROJAS, JEAN-PIERRE, BURGOS, CRUZ, EPSTEIN,
   OTIS, GALLAGHER, CUNNINGHAM, SOLAGES, RAGA -- read once  and  referred
   to  the  Committee  on  Health  -- 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:
   (A) "DRUG" SHALL MEAN A CONTROLLED SUBSTANCE AS THAT TERM  IS  DEFINED
 IN SECTION THIRTY-THREE HUNDRED SIX OF THIS CHAPTER.
   (B)  "DRUG  OR  ALCOHOL  TEST"  SHALL  MEAN  A TEST USING A BIOLOGICAL
 SAMPLE, INCLUDING, BUT NOT LIMITED TO, URINE OR HAIR, FOR  THE  PRESENCE
 OF DRUGS OR ALCOHOL.
   (C)  "DRUG OR ALCOHOL SCREEN" SHALL MEAN THE USE OF A VALIDATED VERBAL
 OR WRITTEN TOOL OR QUESTIONNAIRE BY A HEALTH CARE PROFESSIONAL LICENSED,
 CERTIFIED, OR AUTHORIZED UNDER TITLE  EIGHT  OF  THE  EDUCATION  LAW  TO
 DETERMINE USE OF DRUGS OR ALCOHOL BY A PREGNANT OR POSTPARTUM PERSON.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00489-02-3

 A. 109--A                           2
 
   (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;
   (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
 A. 109--A                           3
 
 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,
 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.

co-Sponsors

View additional co-sponsors

2023-A109B (ACTIVE) - Details

See Senate Version of this Bill:: S320
Law Section:: Public Health Law
Laws Affected:: Add §2509-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A5478
2021-2022: A4285, S4821

2023-A109B (ACTIVE) - Summary

2023-A109B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  109--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by  M.  of  A.  L. ROSENTHAL,  FORREST,  SEAWRIGHT,  AUBRY,
   BICHOTTE HERMELYN, CLARK, ZINERMAN, CARROLL, HEVESI,  SIMON,  JACKSON,
   MITAYNES,  REYES,  GONZALEZ-ROJAS, JEAN-PIERRE, BURGOS, CRUZ, EPSTEIN,
   OTIS, GALLAGHER, CUNNINGHAM, SOLAGES, RAGA -- read once  and  referred
   to  the  Committee  on  Health  -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   reported  and  referred  to  the  Committee  on  Codes -- reported and
   referred to the Committee on Rules -- Rules Committee discharged, bill
   amended, ordered reprinted as amended and recommitted to the Committee
   on Rules
 
 AN ACT to amend the public health law, in relation to prohibiting  drug,
   cannabis  or  alcohol  testing and screening of pregnant or postpartum
   individuals and newborns
 
   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, CANNABIS OR ALCOHOL TESTING AND SCREENING FOR PREGNANT
 OR POSTPARTUM INDIVIDUALS; PROHIBITED. 1.  FOR PURPOSES OF THIS SECTION:
   (A) "DRUG" SHALL MEAN A CONTROLLED SUBSTANCE AS THAT TERM  IS  DEFINED
 IN SECTION THIRTY-THREE HUNDRED SIX OF THIS CHAPTER.
   (B)  "CANNABIS"  SHALL MEAN CANNABIS OR CONCENTRATED CANNABIS AS THOSE
 TERMS ARE DEFINED IN SECTION 222.00 OF THE PENAL LAW.
   (C) "DRUG, CANNABIS OR ALCOHOL TEST" SHALL MEAN A TEST USING A BIOLOG-
 ICAL SAMPLE, INCLUDING, BUT NOT LIMITED TO, URINE OR HAIR, FOR THE PRES-
 ENCE OF DRUGS, CANNABIS OR ALCOHOL.
   (D) "DRUG, CANNABIS OR ALCOHOL SCREEN" SHALL MEAN THE USE OF  A  VALI-
 DATED  VERBAL  OR WRITTEN TOOL OR QUESTIONNAIRE BY A HEALTH CARE PROFES-
 SIONAL LICENSED, CERTIFIED, OR  AUTHORIZED  UNDER  TITLE  EIGHT  OF  THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00489-04-3

 A. 109--B                           2
 
 EDUCATION  LAW TO DETERMINE USE OF DRUGS, CANNABIS OR ALCOHOL BY A PREG-
 NANT OR POSTPARTUM PERSON.
   2.  NO  HEALTH  CARE  PROFESSIONAL  LICENSED, CERTIFIED, OR AUTHORIZED
 UNDER TITLE EIGHT OF THE EDUCATION LAW SHALL:
   (A) PERFORM A DRUG, CANNABIS OR ALCOHOL TEST ON A PERSON WHO IS  PREG-
 NANT OR UP TO ONE YEAR POSTPARTUM UNLESS:
   (I) THE PREGNANT OR POSTPARTUM INDIVIDUAL GIVES PRIOR WRITTEN AND ORAL
 INFORMED CONSENT SPECIFIC TO THE DRUG, CANNABIS OR ALCOHOL TEST; AND
   (II)  THE  PERFORMANCE OF THE DRUG, CANNABIS OR ALCOHOL TEST IS WITHIN
 THE SCOPE OF MEDICAL CARE BEING PROVIDED TO THE INDIVIDUAL, CANNABIS.
   (B) PERFORM A DRUG, CANNABIS 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, CANNABIS OR ALCOHOL  SCREEN;
 AND
   (II)   THE   PERFORMANCE   OF  THE DRUG, CANNABIS OR ALCOHOL SCREEN IS
 WITHIN THE SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE INDIVIDUAL.
   (C) PERFORM A DRUG, CANNABIS 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, CANNABIS OR ALCOHOL SCREEN; AND
   (II)   THE   PERFORMANCE   OF  THE DRUG, CANNABIS 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, CANNABIS 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,
 CANNABIS OR ALCOHOL TEST; AND
   (II)  THE  PERFORMANCE OF THE DRUG, CANNABIS OR ALCOHOL TEST IS WITHIN
 THE SCOPE OF MEDICAL CARE BEING PROVIDED TO THE NEWBORN;
   (B) PERFORM A DRUG, CANNABIS 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, CANNABIS OR ALCOHOL SCREEN; AND
   (II)  THE  PERFORMANCE  OF  THE DRUG, CANNABIS OR  ALCOHOL  SCREEN  IS
 WITHIN THE SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE NEWBORN;
   (C) PERFORM A DRUG, CANNABIS 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, CANNABIS
 OR ALCOHOL SCREEN; AND
   (II)   THE   PERFORMANCE   OF  THE DRUG, CANNABIS OR ALCOHOL SCREEN IS
 WITHIN THE SCOPE OF MEDICAL CARE  BEING  PROVIDED  TO THE NEWBORN.
   4. WRITTEN AND ORAL INFORMED CONSENT TO A DRUG,  CANNABIS  OR  ALCOHOL
 TEST  OR  DRUG  OR ALCOHOL SCREEN SHALL OCCUR AT THE TIME OF TESTING, IN
 LANGUAGE UNDERSTANDABLE 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, CANNABIS OR ALCOHOL TEST OR DRUG, CANNABIS
 OR ALCOHOL SCREEN AND MINIMIZE THE  POSSIBILITY  OF  COERCION  OR  UNDUE
 A. 109--B                           3
 
 INFLUENCE,  AND SHALL CONSIST OF ORAL AUTHORIZATION AND WRITTEN AUTHORI-
 ZATION THAT IS DATED, SIGNED AND INCLUDES THE FOLLOWING:
   (A)  A  STATEMENT  EXPLAINING  THAT  CONSENTING TO A DRUG, CANNABIS OR
 ALCOHOL TEST OR DRUG,  CANNABIS  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, CANNABIS
 OR ALCOHOL COULD HAVE LEGAL CONSEQUENCES, INCLUDING, BUT NOT LIMITED TO,
 A REPORT TO A LOCAL CHILD PROTECTIVE SERVICES AGENCY, AND THAT THE INDI-
 VIDUAL MAY WANT TO CONSULT WITH LEGAL COUNSEL PRIOR TO OR AFTER CONSENT-
 ING  TO  A  DRUG,  CANNABIS OR ALCOHOL TEST OR DRUG, CANNABIS 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,  CANNABIS  OR  ALCOHOL  TESTING OR DRUG, CANNABIS OR ALCOHOL
 SCREENING MAY BE PERFORMED WITHOUT CONSENT OF THE PATIENT OR  THE  INDI-
 VIDUAL  AUTHORIZED  TO  CONSENT  FOR  A NEWBORN WHEN, IN THE HEALTH CARE
 PROFESSIONAL'S JUDGMENT, 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,
 CANNABIS 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  INDIVIDUAL  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 NOTIFI-
 CATION AND WRITTEN NOTIFICATION THAT IS DATED, SIGNED AND  INCLUDES  THE
 FOLLOWING:
   (A) A STATEMENT THAT TESTING OR SCREENING POSITIVE FOR DRUGS, CANNABIS
 OR ALCOHOL COULD HAVE LEGAL CONSEQUENCES, INCLUDING BUT NOT LIMITED TO A
 POTENTIAL  REPORT  TO A LOCAL CHILD PROTECTIVE SERVICES AGENCY, AND THAT
 THE PATIENT OR INDIVIDUAL 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, CANNABIS OR ALCOHOL TESTING OR
 DRUG, CANNABIS 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, CANNABIS OR ALCOHOL TEST OR DRUG,  CANNABIS
 OR ALCOHOL SCREEN.
   7.  NOTHING  IN  THIS  SECTION SHALL DIMINISH ANY OTHER REQUIREMENT TO
 OBTAIN INFORMED CONSENT FOR A DRUG, CANNABIS OR ALCOHOL  TEST  OR  DRUG,
 CANNABIS OR ALCOHOL SCREEN OR ANY OTHER PROCEDURE.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A109B

Share this bill

Sponsored By

ROSENTHAL L

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Phara Souffrant Forrest

Rebecca Seawright

Jeffrion Aubry

Rodneyse Bichotte Hermelyn

2023-A109 - Details

2023-A109 - Summary

2023-A109 - Bill Text download pdf

co-Sponsors

Phara Souffrant Forrest

Rebecca Seawright

Jeffrion Aubry

Rodneyse Bichotte Hermelyn

2023-A109A - Details

2023-A109A - Summary

2023-A109A - Bill Text download pdf

co-Sponsors

Phara Souffrant Forrest

Rebecca Seawright

Jeffrion Aubry

Rodneyse Bichotte Hermelyn

2023-A109B (ACTIVE) - Details

2023-A109B (ACTIVE) - Summary

2023-A109B (ACTIVE) - Bill Text download pdf

Comments