(If you think it is please don't answer my question, use that time better to educate yourself.) In Texas, can an OBGYN drug test a pregnant patient without their consent? I think in Texas they do. In my state, we do need a consent to test YOUR urine but we do not need one to test your baby. If so, what constitutes them to do so. I live in Texas and am 28 weeks pregnant. I always thought a doctor was suppose to do what is best for the Mom and baby. States that pursue the policy instead rely on laws that relate to child abuse and neglect. Currently, it is a crime to endanger a child by exposing him/her to a controlled substance, a chemical substance, or drug paraphernalia. I quit smoking at right at 30 weeks pregnant (just a couple days ago) and when I went to register at the hospital, they informed me that they will be testing my baby’s poop for drugs since I failed one prenatal drug screen when I was 7 weeks pregnant. On the day of my delivery they told me they would have to drug test me — and if I were to refuse, they would drug test my baby. It is very possible that a baby might be tested in the hospital for illegal drugs, marijuana can be detected with a urine test. I give birth in a few days, and I’ve been smoking marijuana about the whole pregnancy, everything is okay, the baby is at a healthy weight and is healthy in general. Across the country, hundreds of pregnant women and new mothers have been accused of child abuse or other crimes when they or their newborns tested positive for controlled substances. They continue to test me, and I know 100% they will test my baby, because of past drug use. However, the requirement is not properly anchored in law, and has been successfully contested in the courts of most states. Yet, that same act of endangerment to an unborn baby is not a crime. So, if you refuse, we just test the baby’s — and it also looks extremely suspicious. If the baby tests positive the hospital has to report it to DHS, so as long as it is still illegal it is best not to use it even if it is for nausea as some women have reported it helps in cases of severe vomiting and nausea. ... they only really test newborns if the mother appears to be high at the time of delivery/admission" This is what I thought, but I was not certain. How I know for sure? Once pregnant, it is important to get the care they need to help the baby have the healthiest development possible. I had two friends go in and they both came up dirty. Now, I’m just concerned if the hospital will for some reason run a drug test for the baby and if CPS will get involved, I really do not want to deal with that and quite frankly I’m scared. Two different parts of the state. Women who abuse illegal drugs while pregnant should be convicted of a felony because they are chemically endangering their unborn child. To do this may mean going through a detox program to help clear the body of drugs that may harm the baby, as well as participating in inpatient or outpatient drug … In many places, women lose their children or end up in behind bars, sometimes even if the drug was prescribed. Laws on drug testing of infants and new mothers vary, but the stakes are always high. So I went ahead with the test, and I came up positive. My sister used meth her whole pregnancy, and well, they didn't take her baby away after birth. Remember that honesty is always the best policy and CPS will note that if they are required to come. If parents have concerns, they should talk to their baby’s physician or contact the NBS Program Staff by phone at (888) 963-7111, ext. I made a personal educated decision to smoke marijuana occasionally during my pregnancy, as it is not harmful to my child. So I'm assumming they didn't test the baby. ... Im hoping that the doctor can have a window of time with the patient instead of being obligated to report them after they fail one drug test. According to Dailard and Nash, drug testing in newborns is one way of ensuring babies are born healthy.