Assembly Bill A9152

2023-2024 Legislative Session

Requires disclosure of information concerning non-invasive prenatal screening for chromosomal abnormalities

download bill text pdf

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A9152 - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2533, amd §266, Pub Health L

2023-A9152 - Summary

Requires disclosure of information concerning non-invasive prenatal screening for chromosomal abnormalities including the benefits and limitations of non-invasive prenatal testing, the difference between non-invasive prenatal testing and prenatal diagnostic testing, and current recommendations from the American College of Obstetricians and Gynecologists (ACOG), the Society for Maternal Fetal Medicine, and the American College of Medical Genetics and Genomics (ACMG).

2023-A9152 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9152
 
                           I N  A S S E M B L Y
 
                             February 8, 2024
                                ___________
 
 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 disclo-
   sure of information concerning  non-invasive  prenatal  screening  for
   chromosomal abnormalities
 
   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
 2533 to read as follows:
   §  2533.  DISCLOSURE  OF  INFORMATION CONCERNING NON-INVASIVE PRENATAL
 SCREENING FOR CHROMOSOMAL ABNORMALITIES.  1. FOR THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL MEAN THE FOLLOWING:
   (A)  "LABORATORY"  SHALL  HAVE  THE  SAME  MEANING  AS IS SET FORTH IN
 SECTION FIVE HUNDRED SEVENTY-ONE OF THIS CHAPTER.
   (B) "NON-INVASIVE PRENATAL  SCREENING"  SHALL  MEAN  ANY  NON-INVASIVE
 PRENATAL  SCREENING  OR  CELL FREE FETAL DNA SCREENING USED TO ASCERTAIN
 WHETHER A FETUS IS AT RISK FOR CERTAIN CHROMOSOMAL ABNORMALITIES.
   2. NON-INVASIVE PRENATAL SCREENINGS SHALL BE ACCOMPANIED BY A  WRITTEN
 NOTICE,  PROVIDED  BY THE ENTITY WHICH MANUFACTURED, SUPPLIED, OR OTHER-
 WISE CREATED SUCH  TEST  OR WHICH  ADVERTISED  PERFORMING THESE PRENATAL
 SCREENING TESTS, ABOUT THE USE OF SUCH TEST FOR SCREENING PURPOSES,  THE
 FACT THAT NOT ALL HIGH RISK OCCURRENCES CORRESPOND TO A POSITIVE RESULT,
 THE  FACT THAT NOT ALL LOW RISK RESULTS CORRESPOND TO A NEGATIVE RESULT,
 A CLEAR STATEMENT INDICATING THAT NON-INVASIVE PRENATAL  SCREENINGS  ARE
 INTENDED  SOLELY FOR SCREENING PURPOSES TO ASSESS RISK OF POSSIBLE FETAL
 GENETIC ABNORMALITIES AND IS NOT INTENDED  TO  BE  USED  FOR  DIAGNOSTIC
 PURPOSES TO DETERMINE WHETHER SUCH ABNORMALITIES ACTUALLY EXIST AND THAT
 ANY  POSITIVE RESULT SHOULD BE FOLLOWED BY CONFIRMATORY DIAGNOSTIC TEST-
 ING, AND THAT ADDITIONAL FOLLOW UP IS  RECOMMENDED  FOR  ALL  HIGH  RISK
 SCREENING.    SUCH  WRITTEN  NOTICE  SHALL BE PROVIDED TO A PATIENT OR A
 POTENTIAL PARENT: (A) PRIOR TO ANY PRENATAL TEST;  (B)  WITH  SUCH  TEST
 RESULTS;  AND  (C) WITH ANY MATERIALS PROVIDED BY THE  ENTITY  PROVIDING
 OR FACILITATING THE PRENATAL  TESTING.  SUCH  WRITTEN  NOTICE  SHALL  BE
 REVIEWED  AND  APPROVED  BY THE DEPARTMENT. SUCH WRITTEN NOTICE SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2023-A9152A (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2533, amd §266, Pub Health L

2023-A9152A (ACTIVE) - Summary

Requires disclosure of information concerning non-invasive prenatal screening for chromosomal abnormalities including the benefits and limitations of non-invasive prenatal testing, the difference between non-invasive prenatal testing and prenatal diagnostic testing, and current recommendations from the American College of Obstetricians and Gynecologists (ACOG), the Society for Maternal Fetal Medicine, and the American College of Medical Genetics and Genomics (ACMG).

2023-A9152A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9152--A
 
                           I N  A S S E M B L Y
 
                             February 8, 2024
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Health -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to requiring  disclo-
   sure  of  information  concerning  non-invasive prenatal screening for
   chromosomal abnormalities

   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
 2533 to read as follows:
   § 2533. DISCLOSURE OF  INFORMATION  CONCERNING  NON-INVASIVE  PRENATAL
 SCREENING  FOR  CHROMOSOMAL ABNORMALITIES.   1. FOR THE PURPOSES OF THIS
 SECTION, THE TERM "NON-INVASIVE PRENATAL SCREENING" SHALL MEAN ANY  NON-
 INVASIVE  PRENATAL  SCREENING  OR  CELL FREE FETAL DNA SCREENING USED TO
 ASCERTAIN WHETHER A FETUS IS AT  RISK  FOR  CERTAIN  CHROMOSOMAL  ABNOR-
 MALITIES.
   2.  NON-INVASIVE PRENATAL SCREENINGS SHALL BE ACCOMPANIED BY A WRITTEN
 NOTICE, PROVIDED BY THE ENTITY WHICH MANUFACTURED, SUPPLIED,  OR  OTHER-
 WISE CREATED SUCH  TEST  OR WHICH  ADVERTISED  PERFORMING THESE PRENATAL
 SCREENING  TESTS, ABOUT THE USE OF SUCH TEST FOR SCREENING PURPOSES, THE
 FACT THAT NOT ALL HIGH RISK OCCURRENCES CORRESPOND TO A POSITIVE RESULT,
 THE FACT THAT NOT ALL LOW RISK RESULTS CORRESPOND TO A NEGATIVE  RESULT,
 A  CLEAR  STATEMENT INDICATING THAT NON-INVASIVE PRENATAL SCREENINGS ARE
 INTENDED SOLELY FOR SCREENING PURPOSES TO ASSESS RISK OF POSSIBLE  FETAL
 GENETIC  ABNORMALITIES  AND  IS  NOT  INTENDED TO BE USED FOR DIAGNOSTIC
 PURPOSES TO DETERMINE WHETHER SUCH ABNORMALITIES ACTUALLY EXIST AND THAT
 ANY POSITIVE RESULT SHOULD BE FOLLOWED BY CONFIRMATORY DIAGNOSTIC  TEST-
 ING,  AND  THAT  ADDITIONAL  FOLLOW  UP IS RECOMMENDED FOR ALL HIGH RISK
 SCREENING.  SUCH WRITTEN NOTICE SHALL BE PROVIDED  TO  A  PATIENT  OR  A
 POTENTIAL  PARENT:  (A)  PRIOR  TO ANY PRENATAL TEST; (B) WITH SUCH TEST
 RESULTS; AND (C) WITH ANY MATERIALS PROVIDED BY THE   ENTITY   PROVIDING
 OR  FACILITATING  THE  PRENATAL  TESTING.  SUCH  WRITTEN NOTICE SHALL BE
 REVIEWED AND APPROVED BY THE DEPARTMENT. SUCH WRITTEN  NOTICE  SHALL  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04085-05-4
              

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