Albany, NY – This week, the New York State Senate passed Senator Salazar's Maternal Health, Dignity and Consent Act. This legislation would require healthcare providers to obtain informed consent before the drug testing or screening pregnant New Yorkers or their newborn babies - codifying what the New York State Department of Health already recommends.  

The legislation also received bipartisan support this morning.   

 State Senator Julia Salazar released the following statement: 

“Despite white women having similar rates of substance abuse, Black pregnant patients are more likely to be tested for drugs. This is an invasive and racist pattern that is disproportionately harming Black and brown New Yorkers. I’m thrilled to the Senate passed the Maternal Health, Dignity and Consent Act, which will ensure patients can seek medical care without the risk of being racially profiled, stripped of their autonomy, and torn apart from their child.” 

Background 

• Current process: The State of New York currently allows our healthcare system to drug test pregnant patients without their consent, leading to unnecessary investigations from Child Protective Services and traumatic family separations. 

• The NYS Department of Health already recommends informed consent before drug testing and screening pregnant people. This bill would standardize informed consent practices across the state in line with these recommendations. 

• Example: After New York City Health + Hospitals made the decision to require consent from pregnant patients before any drug testing, the rate at which mothers of newborns faced a CPS investigation on the basis of drug allegations dropped by almost 80%. For Black mothers, the decline was nearly 90%. 

• Reduced involvement of Child Protective Services has not shown to have any negative impact on child safety. 

Disproportionate Impact on Black Patients: 

• Despite white women having similar rates of substance abuse, Black pregnant patients are more likely to be tested for drugs. 

• Recent reporting shows that New York’s Black maternal mortality crisis remains persistent. 

• Black families are already overrepresented at every stage of the child welfare system, and Black mothers are five times more likely to die during childbirth.  

• Non-consensual drug testing traumatizes families, criminalizes birthing people and deters pregnant patients from accessing prenatal care, worsening the maternal mortality crisis.   

Support from Medical Organizations: 

• The bill is endorsed by the American College of Obstetricians and Gynecologists (ACOG), New York Chapter of the American Academy of Pediatrics, NYSNA, the New York State Psychiatric Association, Planned Parenthood, Center for Reproductive Rights, Physicians for Reproductive Health, the Society for Maternal-Fetal Medicine, New York Midwives, the Council of Family and Child Caring Agencies (the primary association representing over 100 non-profit organizations in New York State that provide foster care, adoption, family preservation, and juvenile justice services) and more.