S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8048
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. This act shall be known and may be cited as the "Eli Parker
 Levitt Law".
   §  2.  The  public  health  law  is amended by adding two new sections
 2500-l and 2500-m to read as follows:
   § 2500-L. CERVICAL INSUFFICIENCY; PROVISION  OF  INFORMATION.  1.  THE
 COMMISSIONER SHALL DEVELOP INFORMATION REGARDING CERVICAL INSUFFICIENCY,
 THE  RISKS  IT  ENTAILS  TO  A PREGNANT WOMAN AND HER CHILD, AND MEDICAL
 TESTING AVAILABLE TO DIAGNOSE SUCH CONDITION. SUCH INFORMATION SHALL  BE
 POSTED  ON  THE  DEPARTMENT'S  WEBSITE  WITH OTHER INFORMATION AVAILABLE
 ABOUT PRENATAL CARE, SHALL BE AVAILABLE UPON REQUEST TO MEMBERS  OF  THE
 PUBLIC,  AND  SHALL  BE  PROVIDED  TO MATERNAL HEALTH CARE PROVIDERS FOR
 DISTRIBUTION TO THEIR PATIENTS. IN PREPARING THE  INFORMATION  REGARDING
 CERVICAL INSUFFICIENCY AS PROVIDED IN THIS SUBDIVISION, THE COMMISSIONER
 SHALL  CONSULT WITH APPROPRIATE HEALTH CARE PROFESSIONALS, INCLUDING BUT
 NOT LIMITED TO THE AMERICAN COLLEGE OF OBSTETRICIANS  AND  GYNECOLOGISTS
 AND THE NEW YORK STATE ASSOCIATION OF LICENSED MIDWIVES. THE COMMISSION-
 ER  SHALL  ENSURE  THAT  ALL  INFORMATION  IS  MAINTAINED AND UPDATED TO
 REFLECT FUTURE CHANGES TO CLINICAL GUIDELINES.
   2. EVERY MATERNAL HEALTH CARE PROVIDER SHALL PROVIDE  THE  INFORMATION
 ABOUT CERVICAL INSUFFICIENCY DEVELOPED AND PROVIDED PURSUANT TO SUBDIVI-
 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
 
   3. AS USED IN THIS SECTION:
   (A)  "CERVICAL  INSUFFICIENCY"  MEANS CERVICAL DILATION PRESUMED TO BE
 DUE TO WEAKNESS OF CERVICAL TISSUE, AND NOT EXPLAINED BY ANOTHER  ABNOR-
 MALITY, THAT: (I) PREDISPOSES A PREGNANT PATIENT TO EARLY LABOR; OR (II)
 CONTRIBUTES  TO OR CAUSES MIDTERM MISCARRIAGE OR PREMATURE DELIVERY OF A
 LIVE FETUS DURING THE SECOND TRIMESTER OF THE PREGNANCY; AND
   (B) "MATERNAL HEALTH CARE PROVIDER" OR "PROVIDER" SHALL MEAN A  PHYSI-
 CIAN, MIDWIFE, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT, ACTING WITHIN
 HIS  OR  HER  SCOPE  OF  PRACTICE,  MANAGING THE PREGNANCY OF A PREGNANT
 PATIENT.
   § 2500-M. CERVICAL INSUFFICIENCY; TESTING. 1.  UNLESS  CONTRAINDICATED
 FOR  THE  PATIENT,  EACH  MATERNAL  HEALTH  CARE  PROVIDER AS DEFINED IN
 SECTION TWENTY-FIVE HUNDRED-L OF THIS ARTICLE, SHALL ORDER A  TRANSVAGI-
 NAL  ULTRASOUND  AT  LEAST  ONCE BETWEEN THE SIXTEENTH AND TWENTY-FOURTH
 WEEKS OF PREGNANCY FOR EACH PREGNANT PATIENT UNDER THE  PROVIDER'S  CARE
 WHOSE PREGNANCY IS OF AT LEAST SIXTEEN WEEKS DURATION.
   2.  UNLESS  CONTRAINDICATED FOR THE PATIENT, EACH MATERNAL HEALTH CARE
 PROVIDER AS DEFINED IN SECTION TWENTY-FIVE HUNDRED-L  OF  THIS  ARTICLE,
 SHALL ORDER A TRANSVAGINAL ULTRASOUND EVERY TWO WEEKS FROM THE SIXTEENTH
 WEEK  THROUGH  THE  TWENTY-FOURTH  WEEK  OF  PREGNANCY FOR EACH PREGNANT
 PATIENT WHOSE PREGNANCY IS OF AT LEAST SIXTEEN WEEKS  DURATION  AND  WHO
 HAS ANY OF THE FOLLOWING:
   (A)  A  HISTORY  OF  EARLY  DELIVERY BETWEEN THIRTEEN AND THIRTY-SEVEN
 WEEKS IN ANY PRIOR PREGNANCY;
   (B) A HISTORY OF ANY SURGICAL PROCEDURE, INCLUDING OFFICE  PROCEDURES,
 PERFORMED  ON  THE  PATIENT'S  CERVIX, INCLUDING BUT NOT LIMITED TO LOOP
 ELECTROSURGICAL EXCISION PROCEDURE (LEEP) AND CONE BIOPSY;
   (C) MULTIFETAL PREGNANCIES;
   (D) A UTERINE UNIFICATION DEFECT, INCLUDING BUT NOT LIMITED TO BICORN-
 UATE, SEPTATE OR UNICORNUATE UTERUS, OR ANY CONGENITAL STRUCTURAL DEFECT
 OF A KIDNEY; OR
   (E) A HISTORY OF PRIOR DELIVERY OCCURRING AT OR NEAR TERM BY  CESAREAN
 AFTER OBSTRUCTED LABOR.
   3.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO REQUIRE A PREGNANT
 PATIENT TO PROCEED WITH A TRANSVAGINAL ULTRASOUND ORDERED IN  ACCORDANCE
 WITH THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law. Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.