Bill Text: NY A00318 | 2019-2020 | General Assembly | Amended

Bill Title: Relates to informing maternity patients about the risks associated with cesarean section.

Spectrum: Strong Partisan Bill (Democrat 26-2)

Status: (Engrossed) 2020-01-13 - REFERRED TO WOMEN'S ISSUES [A00318 Detail]

Download: New_York-2019-A00318-Amended.html

                STATE OF NEW YORK
                                                                  Cal. No. 5
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2019
        Introduced  by M. of A. PAULIN, GOTTFRIED, GALEF, ARROYO, BARRON, BLAKE,
          CHON, SIMOTAS, JACOBSON, GRIFFIN -- Multi-Sponsored by  --  M.  of  A.
          THIELE  --  read  once  and  referred  to  the  Committee on Health --
          advanced to a third reading, passed by Assembly and delivered  to  the
          Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
          ordered reprinted, retaining its place on the order of third reading
        AN ACT to amend the public health law, in relation to informing materni-
          ty patients about the risks associated with cesarean section
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public health law is amended by adding a new section
     2  2500-l to read as follows:
     3    § 2500-l. Duty of providers  of  primary  cesarean  section  maternity
     4  services  to  inform.  1.  (a) Every maternal health care provider shall
     5  provide the written communication established in subdivision two of this
     6  section prior to delivery to each pregnant woman  for  whom  a  cesarean
     7  section delivery is planned.
     8    (b)  Every  maternal  health  care  provider  who  performs a cesarean
     9  section which was not  planned  prenatally  shall  provide  the  written
    10  communication  established  in  subdivision  two  of this section to the
    11  patient following delivery.
    12    (c) As used in this section:    "maternal  health  care  provider"  or
    13  "provider"  shall  mean  a  physician,  midwife,  nurse practitioner, or
    14  physician assistant, acting within his or her scope of practice,  manag-
    15  ing the pregnancy of a pregnant woman.
    16    2.  (a)  The  commissioner  shall  develop  a written communication or
    17  communications for maternal  health  care  providers  to  distribute  to
    18  maternity patients as required in subdivision one of this section, which
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 318--A                           2
     1  contains  information  about cesarean section delivery. The commissioner
     2  shall consult with appropriate  health  care  professionals,  providers,
     3  consumers,  educators  and  patients or organizations representing them,
     4  including  but  not limited to the American College of Obstetricians and
     5  Gynecologists and the New York State Association of Licensed Midwives to
     6  develop such written communication or communications.
     7    (b) Such written communication or communications  shall  include,  but
     8  not be limited to information on:
     9    i. potential maternal injuries associated with cesarean delivery; and
    10    ii. potential risks to the fetus; and
    11    iii. the impact a cesarean delivery may have on future pregnancies and
    12  deliveries; and
    13    iv.  circumstances in which cesarean delivery may be necessary to save
    14  the life of the mother or fetus.
    15    (c) The commissioner shall ensure that all information included in the
    16  written communication or communications are maintained  and  updated  to
    17  reflect current clinical guidelines.
    18    § 2. This act shall take effect on the one hundred eightieth day after
    19  it  shall  have  become a law.  Effective immediately, the department of
    20  health may make regulations and take other  actions  necessary  for  the
    21  timely implementation of this act on its effective date.