What you need to know about hospitals' drug testing policies for pregnant patients

Michaela Ramm, Des Moines Register
Updated ·2 min read

Hospitals in Iowa, as well as many other states, routinely conduct drug screenings and tests on pregnant patients and their newborns. In some cases patients may not even be aware of it, since providers don't need patient consent to conduct drug testing on newborns.

Why hospitals conduct testing during pregnancies

Providers say the screening is necessary for the welfare of both parent and child, as pregnancy is one of the best motivating factors for expecting mothers who are abusing alcohol or substances to seek out treatment. It also ensures providers can intervene early with children who may have been exposed to drug use and provide additional support to help them reach major developmental milestones.

However, because of this practice, medical providers are one of the leading reasons nationwide that pregnant women and new mothers become involved with child protective services or law enforcement, according to Pregnancy Justice.

More: Hospital policy prompted a surprise drug test that nearly cost an Iowa couple their 2 sons

Is substance abuse during pregnancy a crime in Iowa?

Substance use during pregnancy is classified as child abuse in Iowa, and health care providers are mandated to report that abuse to the state's child protective services system. In other states, a positive test may result in criminal charges for mothers.

Major medical associations oppose criminal charges for individuals who are found to be using substances during pregnancy. Legal experts and reproductive advocates have argued these policies deter patients from seeking health care and lead to worse health outcomes for parents and their children.

"These mechanisms turn pregnant people’s need for medical care and a social safety net, financial and otherwise, against them," according to a report from Pregnancy Justice.

What are my rights regarding hospital drug testing?

According to Legal Momentum, a national legal advocacy group, patients can take certain steps if they have concerns or believe they were subject to this type of drug testing. Those include:

  • Ask your medical provider whether staff will be conducting any drug tests during prenatal care, delivery or after birth.

  • Ask to have hospital policies around drug testing explained or request that policy in writing.

  • Request a copy of your medical records for past treatment.

  • Ask for consultation with a patient advocate or a member of the hospital's ethics committee.

  • If applicable, file a formal complaint with the hospital or seek legal consultation.

More advice from Legal Momentum as well as insight into patients' rights during care can be found here.

Michaela Ramm covers health care for the Des Moines Register. She can be reached at mramm@registermedia.com, at (319) 339-7354 or on Twitter at @Michaela_Ramm

This article originally appeared on Des Moines Register: What patients should know about hospital drug testing during pregnancy