States and Hospitals Shift Toward Less Punitive Drug Testing for Pregnant Women and Newborns


Last Updated On: October 11, 2024

In an effort to support recovery and address racial disparities, some states and hospital systems are revising drug testing policies for pregnant women and newborns.

Historically, Black and Indigenous women have faced disproportionate rates of drug testing, often leading to unnecessary involvement from child welfare agencies.

Federal law requires healthcare providers to notify authorities if a newborn is affected by a mother’s substance use, but there’s no uniform definition of “affected.”

This has led to varying policies across states and hospitals, often causing confusion. However, major hospital systems like Boston’s Mass General Brigham are now adopting less punitive approaches.

The hospital now requires written consent for toxicology tests and only reports positive results if the newborn is in imminent danger.

Experts argue that racial bias in drug testing has long plagued healthcare systems. “What actually happens is more punitive than required by law,” says Joelle Puccio, a perinatal harm reduction advocate.

To combat this, states like New Mexico, Colorado, and Connecticut have enacted laws protecting parents from automatic child welfare referrals due to substance use, focusing instead on supportive care.

As more states explore similar policies, the shift marks a crucial step toward fairer, more compassionate healthcare for mothers and their newborns.

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