Policy Memo: Support the Maternal Health, Dignity, & Consent Act (NY)

WHY THIS MATTERS

Pregnant and postpartum people across New York are being drug tested without their consent, and results are often shared with the family regulation system, leading to traumatic surveillance, separation, and lifelong harm. This practice is not medically necessary, is riddled with false positives, and disproportionately targets Black, Indigenous, and Latine families.

Physicians for Reproductive Health urges the Legislature and Governor to pass the Maternal Health, Dignity, & Consent Act. This bill requires informed consent for drug testing and screening, ensuring dignity, bodily autonomy, and trust between patients and providers. New York must act now to stop unnecessary testing and protect families from preventable trauma.

WHAT YOU NEED TO KNOW

• Drug testing is rarely medically necessary for pregnant people or newborns; most care decisions can be made without it.
• False positives are common, and test results are often misused to punish families instead of support them.
• Black, Indigenous, and Latine families are disproportionately targeted, despite similar substance use rates across races.
• Test and report practices harm families by driving people away from needed health care and fueling traumatic separations.
• PRH urges passage of the Maternal Health, Dignity, & Consent Act to protect autonomy, prevent family separation, and ensure health care is rooted in trust and dignity.