TESTIMONY
Testimony: Dorea Kyra Batté, Attorney at Legal Momentum, on Discrimination in Drug Testing of Pregnant Women
1:14:37
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3 min
Dorea Kyra Batté, an attorney at Legal Momentum, testifies about the discriminatory practices in non-consensual drug testing of pregnant patients, especially impacting low-income families and those of color. She highlights the illegal aspect of this practice under New York's discrimination laws and its negative repercussions, such as unwarranted child protective services reports without providing medical counseling. Legal Momentum recommends healthcare providers to establish policies ensuring informed consent and confidentiality, refraining from punitive measures based solely on positive drug tests.
Speaker 10
1:14:37
Thank you.
1:14:38
Good morning, and thank you for convening this critical panel addressing disparities in women's health.
1:14:43
My name is Dorey Karabate, and I'm an attorney at Legal Momentum, the Women's Legal Defense And Education Fund.
1:14:49
As a nation's 1st and longest serving legal advocacy organization for women.
1:14:54
1 of legal momentum's focus areas is to protect women and their families from being penalized for their pregnancies and pregnancy outcomes by compounding discrimination in the systems that serve them.
1:15:04
Through our national helpline, our impact litigation, and our policy advocacy, we have seen firsthand how non consensual drug testing in healthcare settings negatively impact pregnant patients and their families, particularly low income families and families of color.
1:15:20
In performing non consensual drug tests on pregnant patients, a prior which is rightfully not used on all patients, healthcare providers make a treatment distinction based on sex and pregnancy, a clear violation of New York's discrimination laws.
1:15:34
The consequences of this overtly discriminatory practice has a disproportionate impact on women.
1:15:39
Those patients who have a positive toxicology result after non consensual drug testing are most often not provided any medical counseling or treatment, rather they are exclusively reported to child protective services.
1:15:51
Drug testing pregnant patients, not for any medical necessity, but for solely punitive purposes, amounts to an unlawful surgeon seizure and undermines health and well-being of the mother and child.
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Numerous studies and investigative reports have found that black parents are more likely to be screened, tested, and reported for illicit drugs than their white counterparts, even though race is not associated with a positive result.
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And despite similar usage rates across racial groups, we have found that these practices are often more prevalent in hostile serving lower income black and brown communities.
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Because drug testing criteria are not standardized across hospitals, health care providers often have discretion in determining whether or not to screen a pregnant patient, making way for implicit bias and discriminatory practices.
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From our experience these practices have in fact disproportionately targeted women of color.
1:16:41
May I continue with the recommendations?
1:16:43
Or
Speaker 1
1:16:44
Alright.
1:16:44
You have one minute.
Speaker 4
1:16:45
Okay.
Speaker 10
1:16:46
It it is critical that patients are fully informed of the consequences of perinatal and newborn drug testing, as well as a medical reasons for testing and that they have and they be provided the opportunity to consent to the drug test without fear that they will not receive appropriate medical care as a result.
1:17:02
We recommend health care providers to establish a clear written policy that directs relevant staff to refrain from drug testing pregnant patients' absence informed consent and medical necessity.
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In providing informed consent, staff must advise patients of all known consequences that may stem from drug testing.
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In addition, we advise health care providers to maintain the confidentiality of any drug testing and to refrain from reporting pregnant patients to child protective services based on a positive toxicology test alone, an absence independent indication of child abuse and maltreatment.
Speaker 1
1:17:34
Alright.
1:17:34
Thank you.
1:17:35
Thank you.
1:17:39
You may begin.
Speaker 11
1:17:46
I should know about that.
1:17:47
It's red.
1:17:47
Okay.