Bill Text: NY S00311 | 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: Strong Partisan Bill (Democrat 26-2)

Status: (Introduced) 2024-01-17 - PRINT NUMBER 311B [S00311 Detail]

Download: New_York-2023-S00311-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           311

                               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,  JACKSON,  LIU,  MAY, MYRIE, PERSAUD, RAMOS, RIVERA, SANDERS,
          SEPULVEDA, SERRANO, STAVISKY, WEIK -- 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 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 the written communication established in subdivision two of this
     6  section  prior  to  delivery  to each pregnant woman for whom a cesarean
     7  section delivery is planned.
     8    (b) Every maternal  health  care  provider  who  performs  a  cesarean
     9  section  which  was  not  planned  prenatally  shall provide the written
    10  communication established in subdivision two  of  this  section  to  the
    11  patient following delivery.
    12    (c)  As  used  in  this  section:   "maternal health care provider" or
    13  "provider" shall mean  a  physician,  midwife,  nurse  practitioner,  or
    14  physician  assistant, acting within his or her scope of practice, manag-
    15  ing the pregnancy of a pregnant woman.
    16    2. (a) The commissioner  shall  develop  a  written  communication  or
    17  communications  for  maternal  health  care  providers  to distribute to
    18  maternity patients as required in subdivision one of this section, which
    19  contains information about cesarean section delivery.  The  commissioner
    20  shall  consult  with  appropriate  health care professionals, providers,
    21  consumers, educators and patients or  organizations  representing  them,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00291-01-3
        S. 311                              2

     1  including  but  not limited to the American College of Obstetricians and
     2  Gynecologists and the New York State Association of Licensed Midwives to
     3  develop such written communication or communications.
     4    (b)  Such  written  communication or communications shall include, but
     5  not be limited to information on:
     6    i. potential maternal injuries associated with cesarean delivery; and
     7    ii. potential risks to the fetus; and
     8    iii. the impact a cesarean delivery may have on future pregnancies and
     9  deliveries; and
    10    iv. circumstances in which cesarean delivery may be necessary to  save
    11  the life of the mother or fetus.
    12    (c) The commissioner shall ensure that all information included in the
    13  written  communication  or  communications are maintained and updated to
    14  reflect current clinical guidelines.
    15    § 2. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law.  Effective immediately, the addition, amend-
    17  ment and/or repeal of any rule or regulation by the department of health
    18  necessary for the implementation of this act on its effective  date  are
    19  authorized to be made and completed on or before such effective date.