CA AB1094

Prohibits medical personnel from performing drug or alcohol tests on pregnant people, perinatal people, or newborns without prior written and verbal informed consent specific to the test, unless an emergency exists.

Requires drug or alcohol tests to be medically necessary to provide care to the patient being tested.

Mandates written consent forms include statements about voluntary consent, potential legal consequences including child protective services reports, confidentiality protections, medical purpose, and a description of the test.

Allows testing without consent only in emergency situations where the person needs immediate medical attention and seeking consent would delay treatment and increase risk to life or health; requires notification afterward including the ability to appeal the emergency determination.

Prohibits medical personnel from refusing to treat pregnant people, perinatal people, or newborns based on their refusal to consent to drug or alcohol testing.