New York State Assembly

 
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A04927 Summary:

A04927 Actions:

A04927 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:03/21/2023AYE/NAY:25/0  Action: Favorable         
Paulin
Aye
Jensen
Aye
Dinowitz
Aye
McDonough
Excused
Gunther
Aye
Byrnes
Aye
Rosenthal L 
Aye
Gandolfo
Aye
Hevesi
Aye
Mikulin
Aye
Steck
Aye
Blumencranz
Aye
Braunstein
Aye
Bendett
Aye
Solages
Aye
Gray
Aye
Bichotte Hermel
Aye
Sayegh
Aye
Rosenthal D 
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Aye
Kelles
Aye
Lucas
Aye

A04927 Floor Votes:

A04927 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4927--A
                                                                Cal. No. 138
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 27, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN, GONZALEZ-ROJAS, JACOBSON, SIMON, EPSTEIN,
          LEVENBERG,  CLARK -- read once and referred to the Committee on Health
          -- ordered to a third reading, amended and ordered reprinted,  retain-
          ing its place on the order of third reading

        AN ACT to amend the public health law, in relation to the duty to inform
          maternity  patients  about  the risks associated with cesarean section
          for patients undergoing a  primary  cesarean  section  and  to  inform
          maternity  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:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  2500-m to read as follows:
     3    § 2500-m. Duty of providers  of  primary  cesarean  section  maternity
     4  services  to inform. 1. The commissioner shall require that every mater-
     5  nal health care provider, defined as any physician, midwife, nurse prac-
     6  titioner, or physician assistant, or other maternal health care  practi-
     7  tioner  acting  within  his  or her lawful scope of practice attending a
     8  pregnant woman, to provide written communication to each pregnant  woman
     9  for  whom a primary cesarean section delivery, defined as first lifetime
    10  delivery via cesarean section, is  recommended  as  a  planned  cesarean
    11  section  delivery  based on medical necessity, that the primary cesarean
    12  section is recommended and to provide the justification for the  primary
    13  cesarean section prior to the delivery.
    14    2.  In  the  event  that  a  primary  cesarean  section  is not deemed
    15  medically necessary by the provider but the patient requests  a  planned
    16  cesarean  section  delivery,  the  commissioner  shall  require that the
    17  maternal health care provider provide written communication to the preg-
    18  nant woman requesting the primary cesarean section indicating  that  the
    19  primary  cesarean  section is not medically necessary and to explain the
    20  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.
                                                                   LBD08633-02-4
        A. 4927--A                          2
 
     1    3. In the event that the  primary  cesarean  section  is  not  planned
     2  prenatally, the commissioner shall require that the maternal health care
     3  provider  who  performed  the  cesarean section provide communication in
     4  writing to each woman who delivered via  primary  cesarean  section  the
     5  reason for the unplanned cesarean section after the delivery.
     6    4.  The  provider  shall  provide  communication to the patient with a
     7  planned cesarean section that shall include, but not be limited to,  the
     8  following information, in the summary of the report sent to the patient:
     9    "Cesarean  birth can be life-saving for the fetus, the mother, or both
    10  in some cases. However,  potential  maternal  injuries  associated  with
    11  cesarean  delivery include but are not limited to: heavy blood loss that
    12  results in hysterectomy or a blood transfusion, ruptured uterus,  injury
    13  to  other  organs  including the bladder, and other complications from a
    14  major surgery. Cesarean delivery also  carries  higher  risk  of  infant
    15  injury  and  can  result  in situations requiring the neonatal intensive
    16  care unit (NICU). After a cesarean delivery, future  vaginal  deliveries
    17  may  be  risky. Because of this, cesarean delivery may be recommended in
    18  the future. However, vaginal birth after cesarean (VBAC) may  be  possi-
    19  ble,  depending upon your health characteristics. In future pregnancies,
    20  there is risk of the cesarean section scar breaking during pregnancy  or
    21  labor  (uterine  rupture).  Additionally,  women's  risk  of  developing
    22  placenta previa or accrete in future pregnancies is higher after cesare-
    23  an deliveries than vaginal births. Speak to your  health  care  provider
    24  about your options and any questions you may have."
    25    5.  The  provider  shall  provide communication to the patient with an
    26  unplanned cesarean section that shall include, but not  be  limited  to,
    27  the  following  information,  in  the  summary of the report sent to the
    28  patient:
    29    "Your most recent delivery was via cesarean section. Cesarean delivery
    30  can be life-saving for the fetus, the mother, or  both  in  some  cases.
    31  After  a  cesarean  delivery,  future  vaginal  deliveries may be risky.
    32  Because of this, cesarean delivery may be  recommended  in  the  future.
    33  However,  vaginal birth after cesarean (VBAC) may be possible, depending
    34  upon your health characteristics. In future pregnancies, there  is  risk
    35  of the cesarean section scar breaking during pregnancy or labor (uterine
    36  rupture).  Additionally,  women's  risk of developing placenta previa or
    37  accrete in future pregnancies is higher after cesarean  deliveries  than
    38  vaginal  births.  Speak  to your health care provider about your options
    39  and any questions you may have."
    40    § 2. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law. Effective  immediately,  the  department  of
    42  health  may  promulgate  any rule or regulation necessary for the timely
    43  implementation of this act on its effective date.