S T A T E O F N E W Y O R K
________________________________________________________________________
1039--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 8, 2025
___________
Introduced by M. of A. PAULIN, GONZALEZ-ROJAS, SEAWRIGHT, SIMON,
BICHOTTE HERMELYN, CLARK, LEVENBERG, JACOBSON, ZACCARO, SANTABARBARA,
OTIS -- read once and referred to the Committee on Health -- recommit-
ted to the Committee on Health in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the duty to inform
certain patients about the risks associated with cesarean section for
patients undergoing planned and unplanned primary cesarean sections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2500-n to read as follows:
§ 2500-N. DUTY OF PROVIDERS OF PRIMARY CESAREAN SECTION SERVICES TO
INFORM. 1. THE COMMISSIONER SHALL REQUIRE THAT EVERY HEALTH CARE PROVID-
ER, LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW AND ACTING
WITHIN SUCH HEALTH CARE PROVIDER'S SCOPE OF PRACTICE AND ATTENDING A
PREGNANT PERSON, TO PROVIDE WRITTEN COMMUNICATION TO EACH PREGNANT
PERSON FOR WHOM A PRIMARY CESAREAN SECTION DELIVERY, DEFINED AS FIRST
LIFETIME DELIVERY VIA CESAREAN SECTION, IS PLANNED.
2. IN THE EVENT THAT THE PRIMARY CESAREAN SECTION IS NOT PLANNED
PRENATALLY, THE COMMISSIONER SHALL REQUIRE THAT THE HEALTH CARE PROVIDER
WHO PERFORMED THE CESAREAN SECTION PROVIDE WRITTEN COMMUNICATION TO EACH
PERSON WHO DELIVERED VIA PRIMARY CESAREAN SECTION THE REASON FOR THE
UNPLANNED CESAREAN SECTION AFTER THE DELIVERY.
3. THE PROVIDER SHALL PROVIDE COMMUNICATION TO THE PATIENT WITH A
PLANNED CESAREAN SECTION. SUCH COMMUNICATION SHALL INCLUDE, BUT NOT BE
LIMITED TO THE FOLLOWING INFORMATION:
"CESAREAN BIRTH CAN BE LIFE-SAVING FOR THE FETUS, THE BIRTHING PARENT,
OR BOTH IN SOME CASES. HOWEVER, IN THE ABSENCE OF MATERNAL OR FETAL
INDICATIONS FOR CESAREAN DELIVERY, A VAGINAL BIRTH IS PREFERABLE. VAGI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00513-02-6
A. 1039--A 2
NAL DELIVERY IS ASSOCIATED WITH SHORTER RECOVERY TIMES, REDUCED RISK OF
INFECTION, DECREASED MATERNAL MORBIDITY, AND DECREASED RISK OF COMPLI-
CATIONS IN FUTURE PREGNANCIES. IN NO INSTANCE SHOULD YOU EVER REQUEST A
CESAREAN DELIVERY. POTENTIAL INJURIES TO THE BIRTHING PARENT ASSOCIATED
WITH CESAREAN BIRTH INCLUDE, BUT ARE NOT LIMITED TO, HEAVY BLOOD LOSS
THAT RESULTS IN HYSTERECTOMY OR A BLOOD TRANSFUSION, RUPTURED UTERUS,
INJURY TO OTHER ORGANS INCLUDING THE BLADDER, AND OTHER COMPLICATIONS
FROM A MAJOR SURGERY. ADDITIONALLY, THE RISK OF DEVELOPING PLACENTA
PREVIA OR ACCRETA IS HIGHER AFTER CESAREAN DELIVERY THAN VAGINAL BIRTH.
SOME PROVIDERS MAY RECOMMEND A CESAREAN DUE TO MATERNAL AGE, SIZE OF THE
FETUS, OR BREECH PRESENTATION, ALTHOUGH THIS IS WIDELY DEBATED AMONG
PROVIDERS. AFTER A CESAREAN DELIVERY, FUTURE VAGINAL DELIVERIES MAY
RESULT IN UTERINE RUPTURE. BECAUSE OF THIS, CESAREAN DELIVERY MAY BE
RECOMMENDED IN THE FUTURE. HOWEVER, VAGINAL BIRTH AFTER CESAREAN (VBAC)
MAY BE POSSIBLE, DEPENDING UPON YOUR HEALTH CHARACTERISTICS. SPEAK TO
YOUR HEALTH CARE PROVIDER ABOUT YOUR OPTIONS AND ANY QUESTIONS YOU MAY
HAVE."
4. THE PROVIDER SHALL PROVIDE WRITTEN COMMUNICATION TO THE PATIENT
WITH AN UNPLANNED CESAREAN SECTION THAT SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, THE WRITTEN COMMUNICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION AND THE FOLLOWING INFORMATION:
"YOUR MOST RECENT DELIVERY WAS VIA CESAREAN SECTION. CESAREAN DELIVERY
CAN BE LIFE-SAVING FOR THE FETUS, THE BIRTHING PARENT, OR BOTH IN SOME
CASES. AFTER A CESAREAN DELIVERY, FUTURE VAGINAL DELIVERIES MAY RESULT
IN UTERINE RUPTURE. BECAUSE OF THIS, CESAREAN DELIVERY MAY BE RECOM-
MENDED IN THE FUTURE. HOWEVER, VAGINAL BIRTH AFTER CESAREAN (VBAC) MAY
BE POSSIBLE, DEPENDING UPON YOUR HEALTH CHARACTERISTICS. VAGINAL BIRTH
AFTER CESAREAN (VBAC) REQUIRES NO ABDOMINAL SURGERY, SHORTER RECOVERY
PERIODS, LOWER RISK OF INFECTION AND MAY PREVENT CERTAIN HEALTH PROBLEMS
LINKED TO MULTIPLE CESAREAN DELIVERIES. THE RISK OF DEVELOPING PLACENTA
PREVIA OR ACCRETA INCREASES WITH EACH SUBSEQUENT CESAREAN DELIVERY. NOT
ALL PROVIDERS AND HOSPITALS PERFORM VBACS. SPEAK TO YOUR HEALTH CARE
PROVIDER ABOUT YOUR OPTIONS AND ANY QUESTIONS YOU MAY HAVE."
§ 2. 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 effective date.