S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8893
 
                             I N  S E N A T E
 
                              April 27, 2022
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 AN ACT to amend the public health law,  in  relation  to  directing  the
   department of health to create an informational pamphlet regarding the
   laparoscopic power morcellation surgery technique
 
   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
 2504-c to read as follows:
   §  2504-C.  INFORMATION  CONCERNING  LAPAROSCOPIC  POWER  MORCELLATION
 SURGERY TECHNIQUE. 1. ON OR BEFORE  JULY  FIRST,  TWO  THOUSAND  TWENTY-
 THREE, THE DEPARTMENT SHALL DEVELOP AN INFORMATIVE PAMPHLET FOR PATIENTS
 CONSIDERING  GOING  THROUGH  THE LAPAROSCOPIC POWER MORCELLATION SURGERY
 TECHNIQUE. IN DEVELOPING THE PAMPHLET, THE DEPARTMENT SHALL CONSULT WITH
 STATE PROFESSIONAL SOCIETIES REPRESENTING PHYSICIANS IN GENERAL, OBSTET-
 RICIANS AND GYNECOLOGISTS, FAMILY PRACTICE PHYSICIANS, NURSE PRACTITION-
 ERS, PHYSICIAN ASSISTANTS AND MIDWIVES. THE PAMPHLET SHALL INCLUDE,  BUT
 NOT BE LIMITED TO, INFORMATION CONCERNING:
   (A)  WHAT  THE  LAPAROSCOPIC POWER MORCELLATION SURGERY IS DEFINED AS,
 WHAT THE RISKS AND BENEFITS ARE, AND HOW IT IS PERFORMED;
   (B) IF APPLICABLE, A DESCRIPTION  OF  OTHER  RELEVANT  PROCEDURES  AND
 TECHNIQUES  THAT  MAY  BE APPLICABLE TO THE PATIENT SUCH AS THE HYSTERO-
 SCOPIC MORCELLATION TECHNIQUE;
   (C) THE REQUIREMENT OF SCREENING THE PATIENT  FOR  CANCERS  INCLUDING,
 BUT NOT LIMITED TO: UTERINE MYOMA, ENDOMETRIAL STROMAL SARCOMA (ESS) AND
 LEIOMYOSARCOMA, PRIOR TO UNDERGOING LAPAROSCOPIC SURGERY;
   (D)  PRIVACY  EXPECTATIONS,  INCLUDING THAT PRIVACY SHOULD BE PROVIDED
 FOR THE PATIENT BOTH WHEN UNDRESSING AND DRESSING AND THAT A GOWN  OR  A
 DRAPE SHOULD BE PROVIDED;
   (E)  IF  LAPAROSCOPIC HYSTERECTOMY, WHICH IS A SURGICAL PROCEDURE USED
 TO REMOVE THE UTERUS, OR MYOMECTOMY HYSTERECTOMY, WHICH  IS  A  SURGICAL
 PROCEDURE USED TO REMOVE THE FIBROIDS, IS RECOMMENDED, THEN THE PROVIDER
 SHALL  INFORM  THE PATIENT IF POWER MORCELLATION WILL BE USED AND WHY IT
 IS THE BEST OPTION FOR THIS EXACT CASE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15250-01-2
 S. 8893                             2
 
   (F) AN EXPLANATION OF WHAT THE LAPAROSCOPIC POWER MORCELLATION IS  AND
 WHAT IT IS USED FOR;
   (G)  EXPLICITLY  MENTIONING  AND  EXPLAINING THE POSSIBILITY THAT THIS
 PROCEDURE MAY SPREAD CANCER CELLS THAT HAVE NOT BEEN  DETECTED,  INCLUDE
 ALL THE OPTIONS TO TREAT THE CONDITION, INCLUDING THE RISKS AND BENEFITS
 OF EACH OPTION;
   (H)  THAT  GLOVES SHOULD BE WORN BY THE PRACTITIONER DURING THE PROCE-
 DURE; AND
   (I) A TELEPHONE NUMBER FOR THE OFFICE OF PROFESSIONAL MEDICAL  CONDUCT
 IN  THE DEPARTMENT AND THE OFFICE OF THE PROFESSIONS IN THE STATE EDUCA-
 TION DEPARTMENT, AT WHICH A PATIENT MAY REPORT ANY MISCONDUCT  THAT  THE
 PATIENT FEELS MAY HAVE OCCURRED.
   2. THE INFORMATIONAL PAMPHLET SHALL BE MADE AVAILABLE FOR USE BY PRAC-
 TITIONERS.  THE  INFORMATIONAL  PAMPHLET  SHALL BE POSTED AS A PRINTABLE
 FILE ON THE DEPARTMENT'S INTERNET WEBSITE AND MAY ALSO BE MADE AVAILABLE
 FOR ORDER AS A PRINTED DELIVERABLE ON THE DEPARTMENT'S INTERNET WEBSITE.
   3. THE INFORMATIONAL PAMPHLET SHALL BE WRITTEN IN LAYPERSON'S LANGUAGE
 AND SHALL BE MADE AVAILABLE IN ENGLISH AND THE SIX MOST COMMON NON-ENGL-
 ISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY  IN
 NEW YORK STATE AS BASED ON THE MOST RECENT CENSUS.
   4. A PRACTITIONER SHALL PROVIDE THE PATIENT THE INFORMATIONAL PAMPHLET
 DEVELOPED  PURSUANT  TO  THIS  SECTION  PRIOR TO PERFORMING LAPAROSCOPIC
 POWER MORCELLATION SURGERY.
   5. FOR PURPOSES OF THIS SECTION, "PRACTITIONER" MEANS  A  HEALTH  CARE
 PROFESSIONAL  LICENSED,  CERTIFIED,  OR OTHERWISE AUTHORIZED TO PRACTICE
 UNDER THE EDUCATION LAW, ACTING WITHIN THE SCOPE OF PRACTICE.
   § 2. This act shall take effect immediately.