Bill Text: NY S05095 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the "children and recovering mothers (CHARM) act" to provide guidance, education and assistance to healthcare providers caring for expectant mothers with substance use disorder; provides for the screening of newborns for substance abuse exposure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S05095 Detail]

Download: New_York-2023-S05095-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5095

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 22, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health  law,  in  relation  to  children  and
          recovering mothers

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

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "children and recovering mothers (CHARM) act".
     3    §  2.  Article  25 of the public health law is amended by adding a new
     4  title 4-A to read as follows:
     5                                  TITLE 4-A
     6                       CHILDREN AND RECOVERING MOTHERS
     7  Section 2576. Recovering expectant mother program.
     8          2577. Newborn screening.
     9          2578. Provider education.
    10          2579. Workgroup.
    11    § 2576. Recovering expectant mother program.  There  shall  be  estab-
    12  lished  a  recovering  expectant  mothers  program within the department
    13  whereby the commissioner,  in  consultation  with  the  commissioner  of
    14  addiction  services  and supports, shall provide guidance, education and
    15  assistance to providers caring for recovering expectant  mothers,  which
    16  shall include, but not be limited to:
    17    1.  establishing, in consultation with relevant health care providers,
    18  guidance on universal screening techniques for substance use disorder at
    19  prenatal visits. Such guidance shall rely on validated  screening  tools
    20  and questionnaires and utilize language to help reduce stigma;
    21    2.  providing  information regarding use of medication assisted treat-
    22  ment for pregnant  women,  which  shall  include  information  regarding
    23  buprenorphine  training,  tools for providers on effective management of
    24  women with opioid use disorder in pregnancy,  and  a  referral  list  of
    25  certified providers;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01029-01-3
        S. 5095                             2

     1    3.  providing  referral  information  for  substance abuse counseling,
     2  social support and basic needs referrals, which shall also include guid-
     3  ance on referring women to home  visiting  services  that  they  may  be
     4  eligible for after birth; and
     5    4.  developing  a  system  for rapid consultation and referral linkage
     6  services for obstetricians and  primary  care  providers  statewide  who
     7  provide care for expectant mothers with substance use disorder.
     8    § 2577. Newborn  screening.  The commissioner, in conjunction with the
     9  commissioner of addiction services and supports, shall develop  guidance
    10  for  hospitals  and  midwifery  birth  centers  on  neonatal  abstinence
    11  syndrome which shall include, but not be limited to, appropriate  treat-
    12  ment  methods  for  neonatal abstinence syndrome and information on home
    13  visiting services that recovering mothers may be eligible for,  as  well
    14  as  other  substances  abuse  services,  social  supports and basic need
    15  referrals in the community.
    16    § 2578. Provider education. The commissioner shall develop or  approve
    17  a  continuing  medical  education  course for neonatal nurses, obstetri-
    18  cians, midwives, pediatricians, and other health care providers  regard-
    19  ing  treatment  of  expectant  mothers  and  new  mothers suffering from
    20  substance use disorder, and the treatment  of  newborns  suffering  from
    21  neonatal  abstinence  syndrome,  which  may  include  federally approved
    22  buprenorphine training, in order to  facilitate  comprehensive  prenatal
    23  and postpartum care to this population.
    24    § 2579.   Workgroup. The commissioner, in conjunction with the commis-
    25  sioner of addictions services and supports, shall convene a workgroup of
    26  stakeholders, including but not  limited  to,  hospitals,  local  health
    27  departments, obstetricians, midwives, pediatricians, and substance abuse
    28  providers to study and evaluate current barriers and challenges in iden-
    29  tifying  and  treating expectant mothers, newborns, and new parents with
    30  substance use disorder. The workgroup shall report on its  findings  and
    31  recommendations to the commissioner, the speaker of the assembly and the
    32  temporary  president of the senate within one year of the effective date
    33  of this section.
    34    § 3. This act shall take effect on the ninetieth day  after  it  shall
    35  have  become a law. Effective immediately the addition, amendment and/or
    36  repeal of any rule or regulation necessary  for  the  implementation  of
    37  this  act  on its effective date are authorized to be made and completed
    38  on or before such date.