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A07897 Summary:

BILL NOA07897A
 
SAME ASSAME AS S03193-A
 
SPONSORButtenschon
 
COSPNSRLevenberg
 
MLTSPNSR
 
Add §2504-c, Pub Health L
 
Directs the department of health to create an informational pamphlet regarding the laparoscopic power morcellation surgery technique.
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A07897 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7897--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 11, 2025
                                       ___________
 
        Introduced  by M. of A. BUTTENSCHON, LEVENBERG -- read once and referred
          to the Committee on Health -- recommitted to the Committee  on  Health
          in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN  ACT  to  amend  the  public health law, in relation to directing the
          department of health to create an informational pamphlet regarding the
          laparoscopic power morcellation surgery technique
 
          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  2504-c to read as follows:
     3    §  2504-c.  Information  concerning  laparoscopic  power  morcellation
     4  surgery  technique.  1.  On  or  before July first, two thousand twenty-
     5  eight, the department shall develop an informative pamphlet for patients
     6  considering going through the laparoscopic  power  morcellation  surgery
     7  technique. In developing the pamphlet, the department shall consult with
     8  state professional societies representing physicians in general, obstet-
     9  ricians and gynecologists, family practice physicians, nurse practition-
    10  ers,  physician assistants and midwives. The pamphlet shall include, but
    11  not be limited to, information concerning:
    12    (a) What the laparoscopic power morcellation surgery  is  defined  as,
    13  what the risks and benefits are, and how it is performed;
    14    (b)  If  applicable,  a  description  of other relevant procedures and
    15  techniques that may be applicable to the patient such  as  the  hystero-
    16  scopic morcellation technique;
    17    (c)  The  requirement  of screening the patient for cancers including,
    18  but not limited to: uterine myoma, endometrial stromal sarcoma (ESS) and
    19  leiomyosarcoma, prior to undergoing laparoscopic surgery;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07489-03-6

        A. 7897--A                          2
 
     1    (d) Privacy expectations, including that privacy  should  be  provided
     2  for  the  patient both when undressing and dressing and that a gown or a
     3  drape should be provided;
     4    (e)  If  laparoscopic hysterectomy, which is a surgical procedure used
     5  to remove the uterus, or myomectomy hysterectomy, which  is  a  surgical
     6  procedure used to remove the fibroids, is recommended, then the provider
     7  shall  inform  the patient if power morcellation will be used and why it
     8  is the best option for this exact case;
     9    (f) An explanation of what the laparoscopic power morcellation is  and
    10  what it is used for;
    11    (g)  Explicitly  mentioning  and  explaining the possibility that this
    12  procedure may spread cancer cells that have not been  detected,  include
    13  all the options to treat the condition, including the risks and benefits
    14  of each option;
    15    (h)  That  gloves should be worn by the practitioner during the proce-
    16  dure; and
    17    (i) A telephone number for the office of professional medical  conduct
    18  in  the department and the office of the professions in the state educa-
    19  tion department, at which a patient may report any misconduct  that  the
    20  patient feels may have occurred.
    21    2. The informational pamphlet shall be made available for use by prac-
    22  titioners.  The  informational  pamphlet  shall be posted as a printable
    23  file on the department's internet website and may also be made available
    24  for order as a printed deliverable on the department's internet website.
    25    3. The informational pamphlet shall be written in layperson's language
    26  and shall be made available in English and the six most common non-Engl-
    27  ish languages spoken by individuals with limited English proficiency  in
    28  New York state as based on the most recent census.
    29    4.  A  practitioner may provide the patient the informational pamphlet
    30  developed pursuant to this  section  prior  to  performing  laparoscopic
    31  power morcellation surgery.
    32    5.  For  purposes  of this section, "practitioner" means a health care
    33  professional licensed, certified, or otherwise  authorized  to  practice
    34  under the education law, acting within the scope of practice.
    35    §  2.  This  act shall take effect on the ninetieth day after it shall
    36  have become a law.
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