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

New York Assembly Bill 318 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Strong Partisan Bill (Democrat 26-2)

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

Download: New_York-2019-A00318-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           318
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by M. of A. PAULIN, GOTTFRIED, GALEF, ARROYO, BARRON, BLAKE,
          DICKENS, D'URSO, COLTON, COOK, EPSTEIN,  SEAWRIGHT,  TAYLOR,  WOERNER,
          McDONOUGH,  JEAN-PIERRE  --  Multi-Sponsored  by -- M. of A. THIELE --
          read once and referred to the Committee on Health
        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 written communication to each pregnant woman for whom the mater-
     6  nal health care provider recommends a primary cesarean section delivery,
     7  stating that the primary cesarean section is recommended and to  provide
     8  the justification including potential risks and benefits for the primary
     9  cesarean  section  prior  to  the  delivery,  as  part of the process of
    10  obtaining informed consent to the primary cesarean section.
    11    (b) As used in this section:
    12    i. "Maternal health care provider" or "provider" shall mean  a  physi-
    13  cian, midwife, nurse practitioner, or physician assistant, acting within
    14  his  or  her  scope  of  practice,  managing the pregnancy of a pregnant
    15  woman.
    16    ii. "Primary cesarean section delivery" means a first lifetime  deliv-
    17  ery by cesarean section for a woman.
    18    2.  In  the  event  that  a  primary  cesarean  section  is not deemed
    19  medically necessary by the provider but the patient requests  a  planned
    20  cesarean  section  delivery,  the  maternal  health  care provider shall
    21  provide written communication to the pregnant woman indicating that  the
    22  primary  cesarean  section  is not medically necessary and including the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01662-01-9

        A. 318                              2
     1  explanations required under subdivision four of this section,  prior  to
     2  the delivery.
     3    3. In the event that the primary cesarean section is performed but not
     4  planned prenatally, the maternal health provider who performed the cesa-
     5  rean  section  shall  provide  communication  in  writing to the patient
     6  explaining the reason for the unplanned cesarean section  and  including
     7  the  explanations required under subdivision four of this section, after
     8  the delivery.
     9    4. The written communication about a primary  cesarean  section  under
    10  subdivision one of this section shall explain at least the following:
    11    (a)  Cesarean  birth  can be life-saving for the fetus, the mother, or
    12  both in some cases.
    13    (b) Potential maternal  injuries  associated  with  cesarean  delivery
    14  include  but  are  not  limited  to:    heavy blood loss that results in
    15  hysterectomy or a blood transfusion; ruptured uterus;  injury  to  other
    16  organs  including  the  bladder;  and  other  complications from a major
    17  surgery.
    18    (c) Cesarean delivery also carries higher risk of  infant  injury  and
    19  can  result  in situations requiring care in the neonatal intensive care
    20  unit (NICU).
    21    (d) After a cesarean delivery, future vaginal deliveries may be risky.
    22  Because of this, cesarean delivery may be  recommended  in  the  future.
    23  However,  vaginal birth after cesarean (VBAC) may be possible, depending
    24  upon the patient's health characteristics.
    25    (e) In future pregnancies, there is risk of the cesarean section  scar
    26  breaking during pregnancy or labor (uterine rupture).
    27    (f)  Women's  risk  of developing placenta previa or accrete in future
    28  pregnancies is higher after cesarean deliveries than vaginal births.
    29    (g) The patient should speak to her health  care  provider  about  her
    30  options and any questions she may have.
    31    § 2. This act shall take effect on the one hundred eightieth day after
    32  it  shall  have  become a law.  Effective immediately, the department of
    33  health may make regulations and take other  actions  necessary  for  the
    34  timely implementation of this act on its effective date.