Bill Text: NY S00311 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes a duty to inform maternity patients about the risks associated with cesarean section for patients undergoing a primary cesarean section; establishes a duty to inform maternity patients about the reason for performing a primary cesarean section delivery.
Spectrum: Strong Partisan Bill (Democrat 26-2)
Status: (Introduced) 2024-01-17 - PRINT NUMBER 311B [S00311 Detail]
Download: New_York-2023-S00311-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 311--B 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. SALAZAR, ADDABBO, BAILEY, BORRELLO, BRESLIN, BRIS- PORT, BROUK, CLEARE, COMRIE, COONEY, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, LIU, MAY, MYRIE, PERSAUD, RAMOS, RIVERA, SANDERS, SCARCELLA-SPANTON, SEPULVEDA, SERRANO, STAVISKY, WEBB, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Women's Issues in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to the duty to inform maternity patients about the risks associated with cesarean section for patients undergoing a primary cesarean section and to inform maternity patients about the reason for performing primary cesarean section delivery 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-m to read as follows: 3 § 2500-m. Duty of providers of primary cesarean section maternity 4 services to inform. 1. The commissioner shall require that every mater- 5 nal health care provider, defined as any physician, midwife, nurse prac- 6 titioner, or physician assistant, or other maternal health care practi- 7 tioner acting within his or her lawful scope of practice attending a 8 pregnant woman, to provide written communication to each pregnant woman 9 for whom a primary cesarean section delivery, defined as first lifetime 10 delivery via cesarean section, is recommended as a planned cesarean 11 section delivery based on medical necessity, that the primary cesarean 12 section is recommended and to provide the justification for the primary 13 cesarean section prior to the delivery. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00291-03-4S. 311--B 2 1 2. In the event that a primary cesarean section is not deemed 2 medically necessary by the provider but the patient requests a planned 3 cesarean section delivery, the commissioner shall require that the 4 maternal health care provider provide written communication to the preg- 5 nant woman requesting the primary cesarean section indicating that the 6 primary cesarean section is not medically necessary and to explain the 7 risks associated with the cesarean section prior to the delivery. 8 3. In the event that the primary cesarean section is not planned 9 prenatally, the commissioner shall require that the maternal health care 10 provider who performed the cesarean section provide communication in 11 writing to each woman who delivered via primary cesarean section the 12 reason for the unplanned cesarean section after the delivery. 13 4. The provider shall provide communication to the patient with a 14 planned cesarean section that shall include, but not be limited to, the 15 following information, in the summary of the report sent to the patient: 16 "Cesarean birth can be life-saving for the fetus, the mother, or both 17 in some cases. However, potential maternal injuries associated with 18 cesarean delivery include but are not limited to: heavy blood loss that 19 results in hysterectomy or a blood transfusion, ruptured uterus, injury 20 to other organs including the bladder, and other complications from a 21 major surgery. Cesarean delivery also carries higher risk of infant 22 injury and can result in situations requiring the neonatal intensive 23 care unit (NICU). After a cesarean delivery, future vaginal deliveries 24 may be risky. Because of this, cesarean delivery may be recommended in 25 the future. However, vaginal birth after cesarean (VBAC) may be possi- 26 ble, depending upon your health characteristics. In future pregnancies, 27 there is risk of the cesarean section scar breaking during pregnancy or 28 labor (uterine rupture). Additionally, women's risk of developing 29 placenta previa or accrete in future pregnancies is higher after cesare- 30 an deliveries than vaginal births. Speak to your health care provider 31 about your options and any questions you may have." 32 5. The provider shall provide communication to the patient with an 33 unplanned cesarean section that shall include, but not be limited to, 34 the following information, in the summary of the report sent to the 35 patient: 36 "Your most recent delivery was via cesarean section. Cesarean delivery 37 can be life-saving for the fetus, the mother, or both in some cases. 38 After a cesarean delivery, future vaginal deliveries may be risky. 39 Because of this, cesarean delivery may be recommended in the future. 40 However, vaginal birth after cesarean (VBAC) may be possible, depending 41 upon your health characteristics. In future pregnancies, there is risk 42 of the cesarean section scar breaking during pregnancy or labor (uterine 43 rupture). Additionally, women's risk of developing placenta previa or 44 accrete in future pregnancies is higher after cesarean deliveries than 45 vaginal births. Speak to your health care provider about your options 46 and any questions you may have." 47 § 2. This act shall take effect on the one hundred eightieth day after 48 it shall have become a law. Effective immediately, the department of 49 health may promulgate any rule or regulation necessary for the timely 50 implementation of this act on its effective date.
