The topic of drug testing during pregnancy, and directly after birth, is contentious and can be upsetting. When do they drug test during pregnancy? Well, let’s discuss the topic in detail right now.
We will discuss how federal law and state law work in the USA, and how it relates to child protection agencies, and healthcare staff, involved in the process.
I’ll also tell you who can authorize drug testing, when and how it can happen, and what happens if you fail.
Federal Law Vs State Law
In the USA, there are federal laws about drug use, and they mention drug use during pregnancy. This is under the umbrella of the Child Abuse Prevention and Treatment Act (CAPTA).
As well as outlining laws and guidelines, there is also federal funding available to states that supports the prevention, investigation, assessment of, and prosecution of child abuse and neglect generally. One of the conditions of funding is that states must ensure that all relevant services and agencies report known, or even suspected, child abuse incidents to the relevant child protective services.
Here’s the thing though. These federal rules do not actually specifically mention drug testing pfor regnant women.
What it does talk about is states being responsible for developing safe care systems for infants, including safety where parental drug use is suspected or in evidence.
So the umbrella section of these rules is really about reporting. Observing and having suspicion should lead to reporting to the relevant agencies, or in certain circumstances, drug testing being carried out by healthcare providers.
Individual Hospital Policies Matter As Well
Healthcare providers in the USA are private entities, therefore they can develop and enforce their own policies. However, they must follow state law and federal guidelines. In essence, this is simpler than it sounds.
They also have to protect themselves legally, the duty of care, and showing due diligence, have to be shown to be in place otherwise they could be sued.
If someone in a hospital suspects a pregnant woman is on drugs, they can report it to a superior. A senior doctor or nurse, or other manager, can in some instances make the decision to drug test them.
If that person refuses, or if they decide to just refer it on instead of drug testing, then a child protection agency can be notified and they will legally enforce drug testing and follow-up consequences for failure.
Examples Of States With Specific Laws & Differing Interpretations Of Federal Law
Obviously, I can’t cover all of the state’s different laws and regulations here, but I can give you a few examples so you can see how they differ slightly.
- Both Alabama and South Carolina prosecute some drug-using women during pregnancy, and directly after birth. This is a continuation of the policy of drug testing prosecution for parents generally.
- Tennessee is unusual in that is the only state that has a specific law in place to criminalize using drugs while pregnant. If caught using drugs while pregnant, you could lose your child very quickly.
- Wisconsin, South Dakota, and Minnesota, all have laws that can statutorily commit women to either inpatient or outpatient treatment programs while pregnant, or after birth.
- Minnesota and North Dakota, amongst a handful of others, also have laws in place for drug testing after birth if complications during the birth are suspected to be related to drug use.
- 18 states define using drugs while pregnant as child abuse. This triggers the federal laws and regulations, and also triggers immediate intervention by child protection agency staff.
Who Authorizes Drug Tests During Pregnancy?
Drug tests during pregnancy can be authorized by the three following groups of people:
- Authorized medical personnel
- Law enforcement personnel
- Child protection personnel
If you’re in hospital, or under the care of a doctor in some other way during pregnancy or at birth, then a drug test could be requested.
If you refuse this drug test, then they can refer you immediately to child protection services. These guys will get involved quickly, and enforce the drug test. If you still refuse, then law enforcement can get involved.
Remember, if you are refusing drug tests, especially to the point of law enforcement getting involved in, then you might as well just hand your child over right then, because that is what is happening in the end.
Is It Ethical To Drug Test A Pregnant Woman?
Whether it’s ethical drug test a pregnant woman or not, will depend on your own personal ethics, and approach to drugs and children.
Drugs have been shown to cause problems in development, and increase the risks of problems during birth. On top of that, drug use during pregnancy will usually mean drug use after pregnancy, which will obviously mean the child could be at risk of poor care or abuse.
So generally, under American law, yes, it’s ethical as the protection of the child is the only thing that is important.
Will You Know You Are Being Drug Test?
One thing I do find unethical is that many women state that they were drug tested without their knowledge, even if the state law insists that you can’t be drug tested without knowledge.
- I’ve seen examples of women giving urine samples along with blood, under the impression it was for other reasons, only to find out later that it was for a drug test.
- In some examples of this, those drug test results never even appeared in their file for them to see, they were drug tested without permission, and the results were hidden from them unless they demanded to see them.
- I’ve also seen examples where women have agreed to drug testing on the initial consent form they fill in with their care provider, but it’s never mentioned that they will actually be drug tested, then they are.
- In one example that I know is factual, a woman admitted to smoking marijuana before she got pregnant. It wasn’t until she gave birth that she realized this had triggered unknown drug testing during her pregnancy, and she was drug tested after the birth under the threat of having the baby taken away if she didn’t offer a sample.
This is a purely American phenomenon. You will not find examples of this in Europe, and even in Canada. America is obsessed with drug testing in a way that other countries are not.
What About Being Drug Tested On Your Period?
You can be drug tested on your period. Being on your period makes no difference to conducting the drug test or getting results.
Can Drug Tests Detect Gender – Can You Submit Someone Else’s Urine?
Yes, drug tests can detect gender, by detecting the DNA in the sample of urine, hair, saliva, or blood. However, it’s important to state that it is illegal to test for gender or DNA purposes in standard drug testing.
Testing that involves this must be done through a legal process, and you must be notified. Therefore, this shouldn’t be a problem.
However, if you are asking the question around drug testing in gender detection because you want to submit a sample of someone else’s urine, then please don’t. It’s very difficult to do, and you will probably get caught and could lose your child.
What Sort Of Drug Test Is Used For Pregnant Women?
Overwhelmingly, it is urine drug testing that is conducted on pregnant women.
This is usually the case because drug tests are conducted on samples submitted to doctors during pregnancy, and it’s the easiest type of test to administer in a hospital as well (both on the child and the mother).
The standard five panel drug test in the USA looks for the following substances:
- Cocaine
- Cannabis
- PCP
- Amphetamines/methamphetamines
- Opiates
However, don’t think you’ll get away with it if you’re using something else. That’s just the bare minimum test.
With suspicion, up to 26 panels (substances) can be tested. That’s pretty much a comprehensive test, and they can also test for additional substances that they are highly suspicious of.
Alcohol panels, and even panels for things like kratom, can be switched in as well. You would be very lucky to escape being found out if you are taking pretty much anything significant during pregnancy.
How To Pass A Drug Screening Pregnancy Reasons
Hopefully, I’ve given you a little more detail around the topic of when do they drug test during pregnancy, and how drug screening works during pregnancy and after.
I want to finish up here by briefly touching on ways to pass drug tests:
- Unsupervised testing, you synthetic urine. Quick Luck is the best product on the market right now.
- To get clean faster, use Toxin Rid detox pills. These will clean you out up to 70% faster than you can achieve naturally.
- If you can’t get clean, and you can’t submit a fake sample, then use a detox drink called Rescue Cleanse. It’s efficient at flushing out toxins faster than the body can manage naturally, meaning you’ll get up to 5 hours clean before fresh toxins appear in your urine.