S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6082
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 requiring the
   commissioner of health to develop an informational pamphlet  providing
   resources  to individuals who have suffered a pregnancy loss or infant
   loss

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Ava's law".
   § 2. Subdivision 1 of section 206 of the public health law is  amended
 by adding a new paragraph (w) to read as follows:
   (W)  DEVELOP  AND  TRANSMIT  TO  MATERNAL HEALTH CARE PROVIDERS IN THE
 STATE  A  PAMPHLET  CONTAINING  INFORMATION  FOR  INDIVIDUALS  WHO  HAVE
 SUFFERED A PREGNANCY LOSS OR INFANT LOSS, WHICH FOR THE PURPOSES OF THIS
 PARAGRAPH  SHALL INCLUDE BUT NOT BE LIMITED TO, MISCARRIAGE, STILLBIRTH,
 OR TERMINATION FOR MEDICAL REASONS.  EACH MATERNAL HEALTH CARE  PROVIDER
 SHALL  MAKE THE PAMPHLET AVAILABLE TO PATIENTS WHO HAVE SUFFERED A PREG-
 NANCY LOSS OR INFANT  LOSS AND APPLICABLE PARTNERS, SPOUSES  OR  SIGNIF-
 ICANT  OTHERS  DURING  THE DISCHARGE OF THE PATIENT, IN PRINT AND WITH A
 LINK TO SUCH INFORMATION ON THE DEPARTMENT'S WOMEN'S HEALTH WEBSITE.
   (1) SUCH PAMPHLET SHALL INCLUDE:
   (I) STANDARDIZED INFORMATION ON WHAT TO EXPECT FOLLOWING  A  PREGNANCY
 LOSS  OR  INFANT LOSS, INCLUDING BUT NOT LIMITED TO THE POTENTIAL EFFECT
 OF SUCH A LOSS ON MENTAL AND PHYSICAL HEALTH, NAVIGATING GRIEF,  HORMONE
 CHANGES,  AND OPTIONS TO ADDRESS POTENTIAL MILK PRODUCTION.  THE COMMIS-
 SIONER SHALL WORK WITH THE AMERICAN COLLEGE OF OBSTETRICIANS  AND  GYNE-
 COLOGISTS  AND  THE  NEW  YORK STATE ASSOCIATION OF LICENSED MIDWIVES TO
 DEVELOP THE INFORMATION PROVIDED FOR UNDER THIS PARAGRAPH. SUCH PAMPHLET
 SHALL ALSO INCLUDE STANDARDIZED LANGUAGE ABOUT THE IMPORTANCE OF SEEKING
 AND RECEIVING REPRODUCTIVE HEALTH FOLLOW-UP CARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06322-02-3
              

 S. 6082                             2
 
   (II) CONTACT INFORMATION FOR LOCAL RESOURCES AVAILABLE IN  THE  COUNTY
 IN  WHICH SUCH PAMPHLET WILL BE DISTRIBUTED.  THE COUNTY SHALL SUBMIT TO
 THE DEPARTMENT ANNUALLY, BY A DATE TO BE DETERMINED BY SUCH  DEPARTMENT,
 CONTACT  INFORMATION  FOR  SUCH  LOCAL  RESOURCES.  THE DEPARTMENT SHALL
 INCORPORATE SUCH CONTACT INFORMATION INTO THE PAMPHLET TO BE PROVIDED TO
 THE COUNTY PRIOR TO DISTRIBUTING SUCH PAMPHLET TO EACH COUNTY. THE COUN-
 TY, AT A MINIMUM, SHALL PROVIDE CONTACT INFORMATION FOR:
   (A) MENTAL HEALTH SERVICES AND COUNSELING;
   (B)  MILK BANKS WHERE INDIVIDUALS CAN DONATE BREASTMILK EITHER LOCALLY
 OR BY MAIL;
   (C) FREE FOLLOW-UP GYNECOLOGICAL CARE; AND
   (D) POSTPARTUM DOULA CARE RESOURCES.
   IF ANY OF THE RESOURCES REQUIRED BY THIS CLAUSE ARE NOT  AVAILABLE  IN
 SUCH  COUNTY,  CONTACT INFORMATION FOR SUCH RESOURCES IN NEARBY COUNTIES
 SHALL BE PROVIDED.
   (2) SUCH PAMPHLET MAY ALSO INCLUDE ANY OTHER  ADDITIONAL  INFORMATION,
 RESOURCES,  OR  CONTACT  INFORMATION THE COUNTY PROVIDES ANNUALLY TO THE
 DEPARTMENT FOR INCLUSION IN SUCH PAMPHLET.
   (3) SUCH PAMPHLET SHALL BE MADE AVAILABLE ON THE DEPARTMENT'S  WOMEN'S
 HEALTH  WEBSITE,  ESTABLISHED  UNDER  SUBDIVISION  SEVEN  OF SECTION TWO
 HUNDRED SIXTY-SIX OF  THIS  ARTICLE.  ADDITIONALLY,  REFERENCE  TO  SUCH
 WEBSITE  SHALL BE INCLUDED IN THE PAMPHLET AS A SOURCE OF FURTHER INFOR-
 MATION.
   (4) FOR PURPOSES OF THIS PARAGRAPH, THE  TERM  "MATERNAL  HEALTH  CARE
 PROVIDER" SHALL INCLUDE A PHYSICIAN, MIDWIFE, NURSE PRACTITIONER, PHYSI-
 CIAN  ASSISTANT,  OTHER  HEALTH CARE PRACTITIONER, AND ANY OTHER PROFES-
 SIONAL PROVIDING MEDICAL CARE OR ASSISTANCE TO AN INDIVIDUAL  EXPERIENC-
 ING A PREGNANCY LOSS OR INFANT LOSS.
   §  3.  Section 266 of the public health law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE DEPARTMENT'S WEBSITE SHALL INCLUDE THE  INFORMATIONAL  PAMPHLET
 ON  PREGNANCY  LOSS AND INFANT LOSS CREATED PURSUANT TO PARAGRAPH (W) OF
 SUBDIVISION ONE OF SECTION TWO HUNDRED SIX OF THIS ARTICLE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.