"A difficult dilemma is created by State laws that require the reporting of nonmedical use of controlled substances by a pregnant woman or that require drug testing after delivery if illicit drug use is suspected. These laws can have the unintended effect of women not seeking prenatal care. Drug testing during pregnancy, or postnatally, can have severe consequences. In many States, pregnant and parenting women can be reported to child protective services, even though the courts have struck down criminal charges against women who are pregnant and use drugs. Women have the right to refuse drug testing (American College of Obstetricians and Gynecologists, 2008); however, if drug abuse is suspected that is contributing to child abuse, reporting to child protective services is necessary."
Substance Abuse and Mental Health Services Administration. Clinical Drug Testing in Primary Care. Technical Assistance Publication (TAP) 32. HHS Publication No. (SMA) 12-4668. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2012.