A hospital system in New Jersey has been accused of routinely drug testing pregnant women without their consent, violating state law, officials reported on Thursday.
The complaint, filed by the state Attorney General’s Office against Virtua Health, involves at least two pregnant women. These women were investigated for child abuse, even though their positive drug tests likely resulted from consuming foods containing poppy seeds before the tests.
This issue raises longstanding concerns regarding the rights of pregnant women and the protection of newborns. The complaint states that Virtua’s six-year-old policy of universal drug testing for all pregnant patients is discriminatory and often leads to mistakes, as it produces a high number of false-positive results. As a consequence, Virtua automatically reports positive drug tests to the state Division of Child Protection and Permanency for possible child abuse or neglect investigations.
“Patients are unnecessarily traumatized and fear losing their children just hours after giving birth,” said Sundeep Iyer, director of the New Jersey Division on Civil Rights. “Virtua’s practices violate our civil rights laws, and we look forward to proving our case in court.”
Daniel Moise, a spokesman for Virtua, did not comment on the legal matters but stated, “We prioritize the safety and well-being of each patient, especially our newborns. We are committed to providing evidence-based, equitable care for every family while adhering to the highest standards of regulatory compliance.”
Virtua’s drug testing policy requires informed consent from all pregnant patients, but officials indicated that this is not always followed in practice. Multiple pregnant women reported being tested without giving informed consent, while Virtua does not mandate drug testing for other patients.
The investigation began after two pregnant women were tested without consent at Virtua Voorhees Hospital. Both women tested positive due to eating foods with poppy seeds, which can result in positive tests for morphine or codeine.
Less than 24 hours after giving birth, Virtua reported both women to state authorities for potential child abuse or neglect. As a result, both women and their families faced months-long investigations while caring for their newborns.
The rights of pregnant women and the safety of fetuses have been contentious topics in legal and medical discussions. In 2001, the U.S. Supreme Court ruled that testing without consent was an unreasonable method of obtaining evidence of a patient’s criminal behavior. The American Medical Association and the American Public Health Association have supported the rights of these women.
In 2021, 2022, and 2023, Virtua’s hospitals in Voorhees, Mount Holly, and Camden accounted for approximately 25% of all hospital referrals to the state Division of Child Protection and Permanency for possible child abuse, despite representing only 9.4% of all hospital deliveries statewide.
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