Bill Text: NY A04927 | 2023-2024 | General Assembly | Introduced

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

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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: Partisan Bill (Democrat 12-0)

Status: (Engrossed) 2024-01-23 - REFERRED TO WOMEN'S ISSUES [A04927 Detail]

Download: New_York-2023-A04927-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4927

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health

        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-l to read as follows:
     3    § 2500-l. 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.
    14    2.  In  the  event  that  a  primary  cesarean  section  is not deemed
    15  medically necessary by the provider but the patient requests  a  planned
    16  cesarean  section  delivery,  the  commissioner  shall  require that the
    17  maternal health care provider provide written communication to the preg-
    18  nant woman requesting the primary cesarean section indicating  that  the
    19  primary  cesarean  section is not medically necessary and to explain the
    20  risks associated with the cesarean section prior to the delivery.
    21    3. In the event that the  primary  cesarean  section  is  not  planned
    22  prenatally, the commissioner shall require that the maternal health care

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08633-01-3
        A. 4927                             2

     1  provider  who  performed  the  cesarean section provide communication in
     2  writing to each woman who delivered via  primary  cesarean  section  the
     3  reason for the unplanned cesarean section after the delivery.
     4    4.  The  provider  shall  provide  communication to the patient with a
     5  planned cesarean section that shall include, but not be limited to,  the
     6  following information, in the summary of the report sent to the patient:
     7    "Cesarean  birth can be life-saving for the fetus, the mother, or both
     8  in some cases. However,  potential  maternal  injuries  associated  with
     9  cesarean  delivery include but are not limited to: heavy blood loss that
    10  results in hysterectomy or a blood transfusion, ruptured uterus,  injury
    11  to  other  organs  including the bladder, and other complications from a
    12  major surgery. Cesarean delivery also  carries  higher  risk  of  infant
    13  injury  and  can  result  in situations requiring the neonatal intensive
    14  care unit (NICU). After a cesarean delivery, future  vaginal  deliveries
    15  may  be  risky. Because of this, cesarean delivery may be recommended in
    16  the future. However, vaginal birth after cesarean (VBAC) may  be  possi-
    17  ble,  depending upon your health characteristics. In future pregnancies,
    18  there is risk of the cesarean section scar breaking during pregnancy  or
    19  labor  (uterine  rupture).  Additionally,  women's  risk  of  developing
    20  placenta previa or accrete in future pregnancies is higher after cesare-
    21  an deliveries than vaginal births. Speak to your  health  care  provider
    22  about your options and any questions you may have."
    23    5.  The  provider  shall  provide communication to the patient with an
    24  unplanned cesarean section that shall include, but not  be  limited  to,
    25  the  following  information,  in  the  summary of the report sent to the
    26  patient:
    27    "Your most recent delivery was via cesarean section. Cesarean delivery
    28  can be life-saving for the fetus, the mother, or  both  in  some  cases.
    29  After  a  cesarean  delivery,  future  vaginal  deliveries may be risky.
    30  Because of this, cesarean delivery may be  recommended  in  the  future.
    31  However,  vaginal birth after cesarean (VBAC) may be possible, depending
    32  upon your health characteristics. In future pregnancies, there  is  risk
    33  of the cesarean section scar breaking during pregnancy or labor (uterine
    34  rupture).  Additionally,  women's  risk of developing placenta previa or
    35  accrete in future pregnancies is higher after cesarean  deliveries  than
    36  vaginal  births.  Speak  to your health care provider about your options
    37  and any questions you may have."
    38    § 2. This act shall take effect on the one hundred eightieth day after
    39  it shall have become a law. Effective  immediately,  the  department  of
    40  health  may  promulgate  any rule or regulation necessary for the timely
    41  implementation of this act on its effective date.