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
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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.