STATE OF NEW YORK
Cal. No. 137
2019-2020 Regular Sessions
January 30, 2019
Introduced by Sens. SALAZAR, BIAGGI, CARLUCCI -- read twice and ordered
printed, and when printed to be committed to the Committee on Women's
Issues -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the public health law, in relation to informing materni-
ty patients about the risks associated with cesarean section
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2500-l to read as follows:
3 § 2500-l. Duty of providers of primary cesarean section maternity
4 services to inform. 1. (a) Every maternal health care provider shall
5 provide the written communication established in subdivision two of this
6 section prior to delivery to each pregnant woman for whom a cesarean
7 section delivery is planned.
8 (b) Every maternal health care provider who performs a cesarean
9 section which was not planned prenatally shall provide the written
10 communication established in subdivision two of this section to the
11 patient following delivery.
12 (c) As used in this section: "maternal health care provider" or
13 "provider" shall mean a physician, midwife, nurse practitioner, or
14 physician assistant, acting within his or her scope of practice, manag-
15 ing the pregnancy of a pregnant woman.
16 2. (a) The commissioner shall develop a written communication or
17 communications for maternal health care providers to distribute to
18 maternity patients as required in subdivision one of this section, which
19 contains information about cesarean section delivery. The commissioner
20 shall consult with appropriate health care professionals, providers,
21 consumers, educators and patients or organizations representing them,
22 including but not limited to the American College of Obstetricians and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 2888--A 2
1 Gynecologists and the New York State Association of Licensed Midwives to
2 develop such written communication or communications.
3 (b) Such written communication or communications shall include, but
4 not be limited to information on:
5 i. potential maternal injuries associated with cesarean delivery; and
6 ii. potential risks to the fetus; and
7 iii. the impact a cesarean delivery may have on future pregnancies and
8 deliveries; and
9 iv. circumstances in which cesarean delivery may be necessary to save
10 the life of the mother or fetus.
11 (c) The commissioner shall ensure that all information included in the
12 written communication or communications are maintained and updated to
13 reflect current clinical guidelines.
14 § 2. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law. Effective immediately, the department of
16 health may make regulations and take other actions necessary for the
17 timely implementation of this act on its effective date.