The New York Senate has passed legislation on second reading that would ban involuntary drug, cannabis, or alcohol testing of pregnant and postpartum individuals, advancing the bill to a third and final reading.
Senate Bill 845, introduced in January by 22 Democratic senators, would make it illegal for healthcare professionals to conduct such tests without both written and oral informed consent. The bill applies to all healthcare settings, including hospitals and outpatient clinics, and mandates that patients be informed of their rights, the purpose of the testing, any associated risks, and the legal consequences of a positive result.
The bill allows exceptions only in medical emergencies where delaying a test would endanger the life or health of the patient or newborn. It also prohibits providers from denying care or discriminating against those who refuse consent.
The measure is accompanied by a similar proposal in the Assembly, Assembly Bill 860, which has 36 Democratic sponsors and remains under committee review.
If SB 845 is passed through its third reading, expected to occur as soon as later today, it will advance to the Assembly.
If approved, the legislation would create some of the strongest protections in the nation against involuntary drug and alcohol testing during and after pregnancy.
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