From New York to Arizona, Efforts Emerge to Curb Drug Testing During Childbirth

A growing number of states are considering legislation to establish safeguards for patients who may undergo drug testing during childbirth, following investigations that exposed potential harms associated with such practices.

Legislation has been introduced in several states, including New York, where a bill requiring hospitals to obtain patient consent before drug testing has gained momentum. Similar bills in Arizona and Tennessee, however, did not advance during their respective legislative sessions. The proposed laws aim to address concerns about false positives and misinterpreted test results that can lead to child welfare reports and family separations.

In New York, state Rep. Linda Rosenthal, a Democrat from Manhattan, has championed a bill that would mandate informed consent before drug testing during childbirth. The legislation, which has faced years of resistance, gained support after investigations by The Marshall Project and Reveal highlighted cases where women were reported to child welfare authorities over positive tests caused by poppy seeds or prescribed medications. “This is not some theoretical discussion,” Rosenthal said. “This is really something that occurs.”

The New York bill, if passed, would restrict drug testing to medically necessary circumstances and require hospitals to inform patients of potential legal consequences before testing. Similar efforts in Minnesota, Maryland, and California have previously failed, but advocates believe the current momentum in New York may lead to success.

In Tennessee, a bipartisan bill was introduced by Sen. Janice Bowling, a Republican from Tullahoma, after she learned about cases where women were separated from their newborns due to false positives. “Can you imagine if someone took the baby from you out of your arms or never even let you hold your child?” she said. Despite gaining support, the bill stalled in committee. Bowling plans to reintroduce it in 2026.

In Arizona, advocates are preparing to push for an informed consent bill in the next legislative session, following a 2023 investigation by Reveal and The New York Times Magazine that detailed a case where a woman’s baby was placed in foster care after she was reported for taking prescribed Suboxone. Current state law requires child welfare reports when a newborn tests positive for controlled substances, even if the medication was legally prescribed.

Garin Marschall, co-founder of Patient Forward, said the group is seeking to revise Arizona law to prevent positive drug tests alone from triggering child welfare investigations. Under the proposed legislation, hospitals would notify the health department instead of child welfare authorities if there are no concerns about abuse or neglect. Similar laws have been enacted in Massachusetts and New Mexico.

Health care providers have noted that drug tests rarely provide useful medical information during childbirth, as doctors do not typically need them to identify or treat substance exposure in newborns. A positive test does not confirm addiction, and punitive policies can deter women from seeking prenatal care. Studies suggest screening questionnaires and open communication between doctors and patients are more effective approaches.

Rosenthal emphasized the importance of maintaining trust between patients and providers. “If the trust between a doctor and patient is broken, that will lead to much more severe consequences for the child and the mother,” she said. “Everyone does better if that doesn’t happen.”