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This entry was published on 2021-02-19
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SECTION 2803-J
Information for maternity patients
Public Health (PBH) CHAPTER 45, ARTICLE 28
* § 2803-j. Information for maternity patients. ** 1. The
commissioner shall require that every hospital and birth center shall
prepare in printed or photocopied form and distribute at the time of
pre-booking directly to each prospective maternity patient and, upon
request, to the general public an informational leaflet. Such leaflet
shall be designed by the commissioner and shall contain brief
definitions of maternity related procedures and practices as specified
in subdivision two of this section and such other material as deemed
appropriate by the commissioner. Hospitals and birth centers may also
elect to distribute additional explanatory material along with the
maternity patients informational leaflet. The commissioner shall make
the information contained in the leaflet available on the department's
website.

** NB Effective until December 22, 2021

** 1. The commissioner shall require that every hospital and birth
center shall prepare in printed or photocopied form and distribute at
the time of pre-booking directly to each prospective maternity patient
and, upon request, to the general public an informational leaflet. Such
leaflet shall be designed by the commissioner and shall contain brief
definitions of maternity related procedures and practices as specified
in subdivision two of this section and such other material as deemed
appropriate by the commissioner. Hospitals and birth centers may also
elect to distribute additional explanatory material along with the
maternity patients informational leaflet. The commissioner shall make
the information contained in the leaflet available on the department's
website.

** NB Effective December 22, 2021

** 1-a. The informational leaflet shall also include an explanation of
the special provisions relating to maternity care and coverage under the
insurance law and section two thousand eight hundred three-n of this
chapter, and suggest that expectant parents check their insurance
policies for the details of their maternity coverage.

** NB Effective until December 22, 2021

** 1-a. The informational leaflet shall also include an explanation of
the special provisions relating to maternity care and coverage under the
insurance law and section twenty-eight hundred three-n of this article,
and suggest that expectant parents check their insurance policies for
the details of their maternity coverage.

** NB Effective December 22, 2021

1-b. The informational leaflet shall also include information relating
to the physical and mental health of the maternity patient after
discharge from the hospital, including, but not limited to, information
about maternal depression. The commissioner, in collaboration with the
commissioner of mental health, shall review and update the information
on maternal depression contained in the leaflet, as necessary. The
informational leaflets shall be made available to patients in the top
six languages spoken in the state, other than English, according to the
latest available data from the United States Census Bureau.

1-c. The informational leaflet shall also include a description of the
dangers of shaking infants and young children. The description shall
include information on the effects of shaking infants and young
children, appropriate ways to manage the causes of shaking infants and
young children, and discussion on how to reduce the risks of shaking
infants and young children.

1-d. The informational leaflet shall also include the recommendations
from the American Academy of Pediatrics relating to safe sleep,
including sleep space and sleep position, and discussion on how to
reduce the risk of infant death through safe sleep practices. The
information described in this subdivision may take the form of a video
in lieu of a leaflet.

** NB Effective and Repealed December 22, 2021

2. Such leaflet shall also include statistics relating to the annual
percentage of maternity related procedures performed at such hospital or
birth center, as provided by the commissioner, including but not limited
to the following:

(a) the annual rate of cesarean sections, primary, repeat and total,
performed at such facility;

(b) the annual percentage of women with previous cesarean sections who
have had a subsequent successful vaginal birth;

(c) the annual percentage of deliveries by midwives;

(d) the annual percentage of births utilizing electronic fetal
monitoring listed on the basis of external and internal;

(e) the annual percentage of births utilizing forceps, listed on the
basis of low forceps delivery and mid forceps delivery;

(f) the annual percentage of breech births delivered vaginally;

(g) the annual percentage of births utilizing analgesia;

(h) the annual percentage of births utilizing anesthesia including
general, spinal, epidural, and paracervical listed on the basis of
vaginal and cesarean births;

(i) the annual percentage of births utilizing induction of labor;

(j) the annual percentage of births utilizing augmentation of labor;

(k) the annual percentage of vaginal births utilizing episiotomies;

(l) whether birthing rooms are available for use in the facility;

(m) whether rooming-in is available in the facility, on the basis of
twenty-four hours a day or daytime.

3. Compilation of the statistics set out in subdivision two of this
section shall be the responsibility of the commissioner.

4. Statistical information shall be presented in the most recent one
year aggregate.

5. (a) The commissioner shall establish an immunization schedule for
newborn children. The immunization schedule shall chart out recommended
immunizations against certain diseases and illnesses and age-appropriate
times for the administration of each immunization. The immunization
schedule shall also include information on the importance of getting
children immunized at the recommended ages. The immunization schedule
shall also include the toll-free telephone number operated by the
department as part of its immunization education efforts. The
immunization schedule shall be in accordance with recommendations
established by the New York state department of health and the
immunization practices advisory committee of the United States
department of health and human services.

(b) The commissioner shall provide the immunization schedule to the
local registrars for distribution pursuant to paragraph (b) of
subdivision one of section four thousand one hundred thirty-seven of
this chapter.

6. Every hospital and birth center shall request that each maternity
patient and father of a newborn child, if available, view a video
presentation, approved by the commissioner, on the dangers of shaking
infants and young children, and the symptoms of shaken baby syndrome.
After viewing such a video presentation or upon refusal to view such a
video presentation, the hospital or birth center shall request that such
patient and/or father sign a form stating that they have viewed or
refused to view such video presentation. All training materials and
forms required to implement the provisions of this subdivision shall be
provided by the commissioner.

* NB There are 2 § 2803-j's