S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9380
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend  the  public health law, in relation to requiring the
   department of health to develop and maternal health care providers  to
   distribute written information about episiotomy to maternity patients
 
   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-m to read as follows:
   §  2500-M.  DUTY  OF PROVIDERS OF MATERNITY SERVICES TO INFORM. 1. (A)
 EVERY MATERNAL HEALTH CARE PROVIDER SHALL PROVIDE THE  WRITTEN  COMMUNI-
 CATION  ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION PRIOR TO DELIVERY
 TO EACH PREGNANT PATIENT FOR WHOM A VAGINAL DELIVERY IS PLANNED.
   (B) EVERY MATERNAL HEALTH CARE  PROVIDER  WHO  ATTENDS  TO  A  VAGINAL
 DELIVERY  WHICH  WAS  NOT  PLANNED  PRENATALLY SHALL PROVIDE THE WRITTEN
 COMMUNICATION ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  TO  THE
 PATIENT FOLLOWING DELIVERY.
   (C)  AS  USED  IN  THIS  SECTION:  "MATERNAL  HEALTH CARE PROVIDER" OR
 "PROVIDER" SHALL MEAN  A  PHYSICIAN,  MIDWIFE,  NURSE  PRACTITIONER,  OR
 PHYSICIAN ASSISTANT, ACTING WITHIN THE PRACTITIONER'S SCOPE OF PRACTICE,
 MANAGING THE PREGNANCY OR LABOR OF A PREGNANT PATIENT.
   2.  (A)  THE  COMMISSIONER  SHALL  DEVELOP  A WRITTEN COMMUNICATION OR
 COMMUNICATIONS FOR MATERNAL  HEALTH  CARE  PROVIDERS  TO  DISTRIBUTE  TO
 MATERNITY PATIENTS AS REQUIRED IN SUBDIVISION ONE OF THIS SECTION, WHICH
 CONTAINS  INFORMATION  ABOUT  EPISIOTOMY. THE COMMISSIONER SHALL CONSULT
 WITH APPROPRIATE HEALTH CARE PROFESSIONALS, PROVIDERS, CONSUMERS, EDUCA-
 TORS AND PATIENTS OR ORGANIZATIONS REPRESENTING THEM, INCLUDING BUT  NOT
 LIMITED  TO  THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS AND
 THE NEW YORK STATE ASSOCIATION OF  LICENSED  MIDWIVES  TO  DEVELOP  SUCH
 WRITTEN COMMUNICATION OR COMMUNICATIONS.
   (B)  SUCH  WRITTEN  COMMUNICATION OR COMMUNICATIONS SHALL INCLUDE, BUT
 NOT BE LIMITED TO INFORMATION ON:
   I. POTENTIAL MATERNAL INJURIES ASSOCIATED WITH EPISIOTOMY;
   II. THE IMPACT AN EPISIOTOMY MAY HAVE ON FUTURE DELIVERIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14536-01-2
 A. 9380                             2
 
   III. CIRCUMSTANCES IN WHICH EPISIOTOMY MAY BE NECESSARY  TO  SAVE  THE
 LIFE OR PROTECT THE HEALTH OF THE MOTHER OR FETUS; AND
   IV.  THE  GENERAL REQUIREMENT THAT AN EPISIOTOMY MAY ONLY BE DONE WITH
 THE PATIENT'S CONSENT AND THE CIRCUMSTANCES IN WHICH AN  EPISIOTOMY  MAY
 BE DONE WITHOUT PATIENT CONSENT.
   (C) THE COMMISSIONER SHALL ENSURE THAT ALL INFORMATION INCLUDED IN THE
 WRITTEN  COMMUNICATION  OR  COMMUNICATIONS ARE MAINTAINED AND UPDATED TO
 REFLECT CURRENT CLINICAL GUIDELINES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the  commissioner  of
 health  shall  make regulations and take other actions reasonably neces-
 sary to implement this act on that date.