S T A T E   O F   N E W   Y O R K
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                                  2463--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens. PERSAUD, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Women's Issues --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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-FOUR,
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04480-02-3
              

 S. 2463--A                          2
 
   (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;
   (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 MAY 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 on the ninetieth day  after  it  shall
 have become a law.