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.