New York State Capitol Building.
A New York Senate committee has advanced legislation that would prohibit drug and marijuana testing of pregnant and postpartum patients, as well as newborns, unless specific conditions are met.
Senate Bill 845, sponsored by State Senator Julia Salazar (D), was passed today by the Senate Health Committee in an 11 to 2 vote, with one member absent. Following the vote, the measure was reported and committed to the Senate Alcoholism and Substance Use Disorders Committee for further consideration.
The bill would prohibit drug, marijuana or alcohol testing and screening of a pregnant or postpartum individual, or a newborn, unless the person consents and the test is within the scope of medical care, or unless testing is necessary during a medical emergency.
Supporters of the proposal say it is designed to protect patient dignity and reduce unnecessary testing that can lead to family separation or other consequences, particularly when there is no medical reason for the screening.
The measure is titled the Maternal Health, Dignity and Consent Act. If eventually passed by the full Legislature and signed into law, it would place new restrictions on when healthcare providers may screen pregnant patients, postpartum patients and newborns for drug, marijuana or alcohol exposure.
The proposal has 20 sponsors in the Senate. It was first introduced in January 2025 and was advanced earlier this year by the Senate Women’s Issues Committee before being sent to the Health Committee.
