Protecting Maternal Health Starts With Informed Consent
February 26, 2026
The Buffalo News published an opinion piece today by Dr. Stacy Sun, an obstetrician-gynecologist at the University of Rochester Medical Center, calling for an end to the harmful practice of non-consensual drug testing and screening of pregnant people and newborns. She also detailed the urgent need to remove barriers to care in light of the growing maternal health crisis in Western New York and statewide, exacerbated by recent federal funding cuts.
Access to prenatal and postpartum care is one of the most critical factors bearing on the health and well-being of mothers and their babies. Non-consensual testing has no medical purpose in the course of obstetric care and instead compromises bodily autonomy, dignity, and rights. Studies repeatedly show that many pregnant people avoid healthcare settings, even when they desire care, out of fear of criminalization and family separation.
“We need policies that reinforce, not undermine, the trust at the heart of medical care.” —Dr. Stacy Sun, M.D., M.P.H.
Medical professionals, advocates, and elected officials alike believe it is essential to engage patients in shared and informed decision-making before conducting toxicology screenings.
- Informed consent helps ensure equitable and safe maternal healthcare for all New Yorkers and keeps families whole and together.
- Fully informed consent includes a clear discussion and confirmed patient understanding of the benefits, potential harms, and consequences of screening.
According to a brief issued by the NYC Family Policy Project, there’s been a growing effort in NYC for family-serving institutions, including hospitals, to directly connect parents to support, rather than relying on child welfare as a middleman. Under federal law, a positive toxicology test alone—or disclosure of past or current drug use—does not constitute neglect and does not require a report to the SCR.
Dr. Sun also reflected on the need to codify approaches that encourage stronger provider-patient relationships without compromising child safety by passing the Maternal Health, Dignity, and Consent Act.
“Once informed consent for drug testing became embedded in my own department’s culture, I saw a profound shift. Patients are more open and trusting, allowing us to provide compassionate, evidence-based care. While some hospitals avoid unnecessary testing, change has been slow and uneven across the state. This legislation would ensure informed consent is the standard everywhere, no matter where you are in the State.”
Read:
- Opinion: Maternal Health, Dignity, and Consent Act Would Ensure More Patients Seek Care
The Buffalo News • February, 26, 2026 • Dr. Stacy Sun, M.D., M.P.H. - A Look at Health Disparities During Black Maternal Health Week
Spectrum News Capital Tonight • April 16, 2026 - Opinion: Pregnant Patients Need Informed Care, Not Criminalization
City & State New York • April 17, 2026 - Legislation Would Curb Involuntary Drug Tests For Pregnant Women
Capitol Pressroom • Interview with Dr. Erinma Ukoha, OB-GYN and maternal fetal medicine specialist • April 22, 2026 - Black Mothers Face Higher Postpartum Mental Health Risks. Here’s How to Help
Epicenter NYC • April 23, 2026
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