Assembly Bill A2794

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2794
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, SEAWRIGHT, BICHOTTE HERMELYN, SAYEGH,
   SIMON -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04559-01-3
 A. 2794                             2
              

 
   (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;
   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.