Bill Text: NY S02463 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: Directs the department of health to create an informational pamphlet regarding the laparoscopic power morcellation surgery technique.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-05-08 - 2ND REPORT CAL. [S02463 Detail]

Download: New_York-2023-S02463-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2463

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sens. PERSAUD, COMRIE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Women's Issues

        AN ACT to amend the public health law,  in  relation  to  directing  the
          department of health to create an informational pamphlet regarding the
          laparoscopic power morcellation surgery technique

          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  2504-c to read as follows:
     3    §  2504-c.  Information  concerning  laparoscopic  power  morcellation
     4  surgery technique. 1. On or before July first, two thousand twenty-four,
     5  the department  shall  develop  an  informative  pamphlet  for  patients
     6  considering  going  through  the laparoscopic power morcellation surgery
     7  technique. In developing the pamphlet, the department shall consult with
     8  state professional societies representing physicians in general, obstet-
     9  ricians and gynecologists, family practice physicians, nurse practition-
    10  ers, physician assistants and midwives. The pamphlet shall include,  but
    11  not be limited to, information concerning:
    12    (a)  What  the  laparoscopic power morcellation surgery is defined as,
    13  what the risks and benefits are, and how it is performed;
    14    (b) If applicable, a description  of  other  relevant  procedures  and
    15  techniques  that  may  be applicable to the patient such as the hystero-
    16  scopic morcellation technique;
    17    (c) The requirement of screening the patient  for  cancers  including,
    18  but not limited to: uterine myoma, endometrial stromal sarcoma (ESS) and
    19  leiomyosarcoma, prior to undergoing laparoscopic surgery;
    20    (d)  Privacy  expectations,  including that privacy should be provided
    21  for the patient both when undressing and dressing and that a gown  or  a
    22  drape should be provided;
    23    (e)  If  laparoscopic hysterectomy, which is a surgical procedure used
    24  to remove the uterus, or myomectomy hysterectomy, which  is  a  surgical

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04480-01-3
        S. 2463                             2

     1  procedure used to remove the fibroids, is recommended, then the provider
     2  shall  inform  the patient if power morcellation will be used and why it
     3  is the best option for this exact case;
     4    (f)  An explanation of what the laparoscopic power morcellation is and
     5  what it is used for;
     6    (g) Explicitly mentioning and explaining  the  possibility  that  this
     7  procedure  may  spread cancer cells that have not been detected, include
     8  all the options to treat the condition, including the risks and benefits
     9  of each option;
    10    (h) That gloves should be worn by the practitioner during  the  proce-
    11  dure; and
    12    (i)  A telephone number for the office of professional medical conduct
    13  in the department and the office of the professions in the state  educa-
    14  tion  department,  at which a patient may report any misconduct that the
    15  patient feels may have occurred.
    16    2. The informational pamphlet shall be made available for use by prac-
    17  titioners. The informational pamphlet shall be  posted  as  a  printable
    18  file on the department's internet website and may also be made available
    19  for order as a printed deliverable on the department's internet website.
    20    3. The informational pamphlet shall be written in layperson's language
    21  and shall be made available in English and the six most common non-Engl-
    22  ish  languages spoken by individuals with limited English proficiency in
    23  New York state as based on the most recent census.
    24    4. A practitioner shall provide the patient the informational pamphlet
    25  developed pursuant to this  section  prior  to  performing  laparoscopic
    26  power morcellation surgery.
    27    5.  For  purposes  of this section, "practitioner" means a health care
    28  professional licensed, certified, or otherwise  authorized  to  practice
    29  under the education law, acting within the scope of practice.
    30    § 2. This act shall take effect immediately.