Assembly Bill A1039

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1039
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GONZALEZ-ROJAS,  SEAWRIGHT,  SIMON,
   BICHOTTE HERMELYN,  CLARK,  LEVENBERG,  EPSTEIN,  JACOBSON,   ZACCARO,
   SANTABARBARA,  OTIS  --  read  once  and  referred to the Committee on
   Health
 
 AN ACT to amend the public health law, in relation to the duty to inform
   certain patients about the risks associated with cesarean section  for
   patients  undergoing  a primary cesarean section and to inform certain
   patients about the reason  for  performing  primary  cesarean  section
   delivery
 
   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-n to read as follows:
   §  2500-N.  DUTY  OF PROVIDERS OF PRIMARY CESAREAN SECTION SERVICES TO
 INFORM. 1. THE COMMISSIONER SHALL REQUIRE THAT EVERY HEALTH CARE PROVID-
 ER, DEFINED AS ANY PHYSICIAN, MIDWIFE, NURSE PRACTITIONER, OR  PHYSICIAN
 ASSISTANT,  OR OTHER HEALTH CARE PRACTITIONER ACTING WITHIN SUCH PRACTI-
 TIONER'S LAWFUL SCOPE  OF  PRACTICE  ATTENDING  A  PREGNANT  PERSON,  TO
 PROVIDE WRITTEN COMMUNICATION TO EACH PREGNANT PERSON FOR WHOM A PRIMARY
 CESAREAN  SECTION DELIVERY, DEFINED AS FIRST LIFETIME DELIVERY VIA CESA-
 REAN SECTION, IS RECOMMENDED AS  A  PLANNED  CESAREAN  SECTION  DELIVERY
 BASED  ON MEDICAL NECESSITY, THAT THE PRIMARY CESAREAN SECTION IS RECOM-
 MENDED AND TO PROVIDE THE JUSTIFICATION FOR THE PRIMARY CESAREAN SECTION
 PRIOR TO THE DELIVERY.
   2. IN THE  EVENT  THAT  A  PRIMARY  CESAREAN  SECTION  IS  NOT  DEEMED
 MEDICALLY  NECESSARY  BY THE PROVIDER BUT THE PATIENT REQUESTS A PLANNED
 CESAREAN SECTION DELIVERY,  THE  COMMISSIONER  SHALL  REQUIRE  THAT  THE
 HEALTH  CARE  PROVIDER  PROVIDE  WRITTEN  COMMUNICATION  TO THE PREGNANT
 PERSON REQUESTING THE  PRIMARY  CESAREAN  SECTION  INDICATING  THAT  THE
 PRIMARY  CESAREAN  SECTION IS NOT MEDICALLY NECESSARY AND TO EXPLAIN THE
 RISKS ASSOCIATED WITH THE CESAREAN SECTION PRIOR TO THE DELIVERY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00513-01-5
              

 A. 1039                             2
 
   3. IN THE EVENT THAT THE  PRIMARY  CESAREAN  SECTION  IS  NOT  PLANNED
 PRENATALLY, THE COMMISSIONER SHALL REQUIRE THAT THE HEALTH CARE PROVIDER
 WHO  PERFORMED  THE CESAREAN SECTION PROVIDE COMMUNICATION IN WRITING TO
 EACH PERSON WHO DELIVERED VIA PRIMARY CESAREAN SECTION  THE  REASON  FOR
 THE UNPLANNED CESAREAN SECTION AFTER THE DELIVERY.
   4.  THE  PROVIDER  SHALL  PROVIDE  COMMUNICATION TO THE PATIENT WITH A
 PLANNED CESAREAN SECTION THAT SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE
 FOLLOWING INFORMATION, IN THE SUMMARY OF THE REPORT SENT TO THE PATIENT:
   "CESAREAN BIRTH CAN BE LIFE-SAVING FOR THE FETUS, THE BIRTHING PARENT,
 OR  BOTH  IN  SOME  CASES.  HOWEVER,  POTENTIAL INJURIES TO THE BIRTHING
 PARENT ASSOCIATED WITH CESAREAN DELIVERY INCLUDE BUT ARE NOT LIMITED TO:
 HEAVY BLOOD LOSS THAT RESULTS IN HYSTERECTOMY OR  A  BLOOD  TRANSFUSION,
 RUPTURED UTERUS, INJURY TO OTHER ORGANS INCLUDING THE BLADDER, AND OTHER
 COMPLICATIONS FROM A MAJOR SURGERY. CESAREAN DELIVERY ALSO CARRIES HIGH-
 ER  RISK  OF  INFANT  INJURY  AND CAN RESULT IN SITUATIONS REQUIRING THE
 NEONATAL INTENSIVE CARE UNIT (NICU). AFTER A CESAREAN  DELIVERY,  FUTURE
 VAGINAL  DELIVERIES MAY BE RISKY. BECAUSE OF THIS, CESAREAN DELIVERY MAY
 BE RECOMMENDED IN THE FUTURE.  HOWEVER,  VAGINAL  BIRTH  AFTER  CESAREAN
 (VBAC)  MAY  BE POSSIBLE, DEPENDING UPON YOUR HEALTH CHARACTERISTICS. IN
 FUTURE PREGNANCIES, THERE IS RISK OF THE CESAREAN SECTION SCAR  BREAKING
 DURING PREGNANCY OR LABOR (UTERINE RUPTURE). ADDITIONALLY, PEOPLE'S RISK
 OF DEVELOPING PLACENTA PREVIA OR ACCRETE IN FUTURE PREGNANCIES IS HIGHER
 AFTER CESAREAN DELIVERIES THAN VAGINAL BIRTHS. SPEAK TO YOUR HEALTH CARE
 PROVIDER ABOUT YOUR OPTIONS AND ANY QUESTIONS YOU MAY HAVE."
   5.  THE  PROVIDER  SHALL  PROVIDE COMMUNICATION TO THE PATIENT WITH AN
 UNPLANNED CESAREAN SECTION THAT SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
 THE  FOLLOWING  INFORMATION,  IN  THE  SUMMARY OF THE REPORT SENT TO THE
 PATIENT:
   "YOUR MOST RECENT DELIVERY WAS VIA CESAREAN SECTION. CESAREAN DELIVERY
 CAN BE LIFE-SAVING FOR THE FETUS, THE BIRTHING PARENT , OR BOTH IN  SOME
 CASES.  AFTER  A  CESAREAN  DELIVERY,  FUTURE  VAGINAL DELIVERIES MAY BE
 RISKY. BECAUSE OF THIS, CESAREAN DELIVERY  MAY  BE  RECOMMENDED  IN  THE
 FUTURE.  HOWEVER,  VAGINAL  BIRTH AFTER CESAREAN (VBAC) MAY BE POSSIBLE,
 DEPENDING UPON YOUR HEALTH CHARACTERISTICS. IN FUTURE PREGNANCIES, THERE
 IS RISK OF THE CESAREAN SECTION SCAR BREAKING DURING PREGNANCY OR  LABOR
 (UTERINE  RUPTURE).  ADDITIONALLY,  PEOPLE'S RISK OF DEVELOPING PLACENTA
 PREVIA OR ACCRETE IN FUTURE PREGNANCIES IS HIGHER AFTER CESAREAN  DELIV-
 ERIES THAN VAGINAL BIRTHS. SPEAK TO YOUR HEALTH CARE PROVIDER ABOUT YOUR
 OPTIONS AND ANY QUESTIONS YOU MAY HAVE."
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law. Effective immediately, the department of
 health may promulgate any rule or regulation necessary  for  the  timely
 implementation of this act on its effective date.