Drug Test Debate: States Move to Rein In Hospital Testing at Childbirth

Ever wonder how a handful of poppy seeds in your bagel could trigger a child welfare investigation? It’s not science fiction—it’s happening in hospitals across the country, and lawmakers are taking notice.

A recent investigative series by The Marshall Project and Reveal exposed how routine drug tests on birthing patients—and even their newborns—have led to false positives, unwarranted reports to child welfare, and, in some cases, the removal of infants over legal substances like poppy seeds, Zantac, or prescribed medications.

New York Leads the Charge

In Albany, a long-stalled bill championed by Rep. Linda Rosenthal (D-Manhattan) has finally gained enough support to advance. If enacted, it would bar hospitals from drug testing you—or your newborn—without informed consent, requiring medical staff to explain the possible legal fallout of any positive result. Lawmakers in Minnesota, Maryland and California tried similar measures in 2019–2024 and failed—but New York’s lawmakers say this time, the Marshall Project’s reporting made the difference.

What Could Change?

Under the proposed law, hospitals could still test when it’s “medically necessary,” but only after a clear consent process. That means no more secret screens, no more surprise welfare referrals over a sesame-seed bun. “We know when there’s secret drug testing, families are often torn apart,” Rosenthal told reporters.

Arizona & Tennessee: Lessons Learned

Further south, Arizona and Tennessee tried and failed to pass similar consent-based bills in this legislative session. In Tennessee, Sen. Janice Bowling (R-Tullahoma) was stunned to learn that women were losing custody because of poppy-seed–induced false positives—and vows to bring it back in 2026. In Arizona, activists with Patient Forward and the Pro-Choice Arizona Action Fund are already gearing up for another push in 2026, aiming to change a law that currently forces welfare reports any time a baby tests positive for any controlled substance—even legally prescribed ones like Suboxone or methadone.

Beyond the Testing Tray

Medical experts say blanket testing rarely yields useful clinical information. Screening questionnaires—asking about history, symptoms, and partner use—are just as effective at identifying genuine addiction risks without tearing families apart. And studies show punishments drive pregnant people away from prenatal care, putting both mother and baby at greater risk.

“If trust between a doctor and patient is broken,” Rosenthal warns, “that will lead to much more severe consequences for the child and the mother. Everyone does better if that doesn’t happen.”