Bill Text: NY A08048 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires the commissioner of health to prepare and distribute information regarding cervical insufficiency; requires certain health care providers to provide pregnant patients with information about cervical insufficiency; requires certain health care providers to order a certain ultrasound test for pregnant patients.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A08048 Detail]

Download: New_York-2021-A08048-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8048

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      June 11, 2021
                                       ___________

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

        AN ACT to amend the public health law,  in  relation  to  requiring  the
          commissioner of health to prepare and distribute information regarding
          cervical  insufficiency,  requiring  certain  health care providers to
          provide maternity patients with information  about  cervical  insuffi-
          ciency  and requiring certain health care providers to order a certain
          ultrasound test for pregnant patients

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the "Eli Parker
     2  Levitt Law".
     3    §  2.  The  public  health  law  is amended by adding two new sections
     4  2500-l and 2500-m to read as follows:
     5    § 2500-l. Cervical insufficiency; provision  of  information.  1.  The
     6  commissioner shall develop information regarding cervical insufficiency,
     7  the  risks  it  entails  to  a pregnant woman and her child, and medical
     8  testing available to diagnose such condition. Such information shall  be
     9  posted  on  the  department's  website  with other information available
    10  about prenatal care, shall be available upon request to members  of  the
    11  public,  and  shall  be  provided  to maternal health care providers for
    12  distribution to their patients. In preparing the  information  regarding
    13  cervical insufficiency as provided in this subdivision, the commissioner
    14  shall  consult with appropriate health care professionals, including but
    15  not limited to the American College of Obstetricians  and  Gynecologists
    16  and the New York State Association of Licensed Midwives. The commission-
    17  er  shall  ensure  that  all  information  is  maintained and updated to
    18  reflect future changes to clinical guidelines.
    19    2. Every maternal health care provider shall provide  the  information
    20  about cervical insufficiency developed and provided pursuant to subdivi-
    21  sion one of this section to each pregnant patient under his or her care.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11532-01-1

        A. 8048                             2

     1    3. As used in this section:
     2    (a)  "cervical  insufficiency"  means cervical dilation presumed to be
     3  due to weakness of cervical tissue, and not explained by another  abnor-
     4  mality, that: (i) predisposes a pregnant patient to early labor; or (ii)
     5  contributes  to or causes midterm miscarriage or premature delivery of a
     6  live fetus during the second trimester of the pregnancy; and
     7    (b) "maternal health care provider" or "provider" shall mean a  physi-
     8  cian, midwife, nurse practitioner, or physician assistant, acting within
     9  his  or  her  scope  of  practice,  managing the pregnancy of a pregnant
    10  patient.
    11    § 2500-m. Cervical insufficiency; testing. 1.  Unless  contraindicated
    12  for  the  patient,  each  maternal  health  care  provider as defined in
    13  section twenty-five hundred-l of this article, shall order a  transvagi-
    14  nal  ultrasound  at  least  once between the sixteenth and twenty-fourth
    15  weeks of pregnancy for each pregnant patient under the  provider's  care
    16  whose pregnancy is of at least sixteen weeks duration.
    17    2.  Unless  contraindicated for the patient, each maternal health care
    18  provider as defined in section twenty-five hundred-l  of  this  article,
    19  shall order a transvaginal ultrasound every two weeks from the sixteenth
    20  week  through  the  twenty-fourth  week  of  pregnancy for each pregnant
    21  patient whose pregnancy is of at least sixteen weeks  duration  and  who
    22  has any of the following:
    23    (a)  a  history  of  early  delivery between thirteen and thirty-seven
    24  weeks in any prior pregnancy;
    25    (b) a history of any surgical procedure, including office  procedures,
    26  performed  on  the  patient's  cervix, including but not limited to loop
    27  electrosurgical excision procedure (LEEP) and cone biopsy;
    28    (c) multifetal pregnancies;
    29    (d) a uterine unification defect, including but not limited to bicorn-
    30  uate, septate or unicornuate uterus, or any congenital structural defect
    31  of a kidney; or
    32    (e) a history of prior delivery occurring at or near term by  cesarean
    33  after obstructed labor.
    34    3.  Nothing  in  this section shall be construed to require a pregnant
    35  patient to proceed with a transvaginal ultrasound ordered in  accordance
    36  with the provisions of this section.
    37    § 3. This act shall take effect on the one hundred eightieth day after
    38  it  shall  have become a law. Effective immediately the addition, amend-
    39  ment and/or repeal of any rule or regulation necessary for the implemen-
    40  tation of this act on its effective date are authorized to be  made  and
    41  completed on or before such date.
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