Assembly Bill A10809B

2017-2018 Legislative Session

Relates to informing maternity patients about the risks associated with cesarean section

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Archive: Last Bill Status - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2017-A10809 - Details

Law Section:
Public Health Law
Laws Affected:
Add §2500-l, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A318
2021-2022: A217
2023-2024: A4927

2017-A10809 - Summary

Relates to informing maternity patients about the risks associated with cesarean section.

2017-A10809 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10809
 
                           I N  A S S E M B L Y
 
                               May 18, 2018
                                ___________
 
 Introduced  by M. of A. PAULIN, GOTTFRIED, GALEF, ARROYO, BARRON, BLAKE,
   DICKENS, D'URSO, COLTON, COOK, EPSTEIN, HOOPER, PELLEGRINO, SEAWRIGHT,
   TAYLOR, WOERNER, McDONOUGH, ERRIGO -- Multi-Sponsored by -- M.  of  A.
   THIELE -- read once and referred to the Committee on Health
 
 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:
 
   Section  1.  The  public health law is amended by adding a new section
 2500-l to read as follows:
   § 2500-L. DUTY OF PROVIDERS  OF  PRIMARY  CESAREAN  SECTION  MATERNITY
 SERVICES  TO INFORM. 1. THE COMMISSIONER SHALL REQUIRE THAT EVERY MATER-
 NAL HEALTH CARE PROVIDER, DEFINED AS ANY PHYSICIAN, MIDWIFE, NURSE PRAC-
 TITIONER, OR PHYSICIAN ASSISTANT, OR OTHER MATERNAL HEALTH CARE  PRACTI-
 TIONER  ACTING  WITHIN  HIS  OR HER LAWFUL SCOPE OF PRACTICE ATTENDING A
 PREGNANT WOMAN, TO PROVIDE WRITTEN COMMUNICATION TO EACH PREGNANT  WOMAN
 FOR  WHOM A PRIMARY CESAREAN SECTION DELIVERY, DEFINED AS FIRST LIFETIME
 DELIVERY VIA CESAREAN SECTION, IS  RECOMMENDED  AS  A  PLANNED  CESAREAN
 SECTION  DELIVERY  BASED ON MEDICAL NECESSITY, THAT THE PRIMARY CESAREAN
 SECTION IS RECOMMENDED 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
 MATERNAL HEALTH CARE PROVIDER PROVIDE WRITTEN COMMUNICATION TO THE PREG-
 NANT WOMAN 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.
   3. IN THE EVENT THAT THE  PRIMARY  CESAREAN  SECTION  IS  NOT  PLANNED
 PRENATALLY, THE COMMISSIONER SHALL REQUIRE THAT THE MATERNAL HEALTH CARE
 PROVIDER  WHO  PERFORMED  THE  CESAREAN SECTION PROVIDE COMMUNICATION IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

multi-Sponsors

2017-A10809A - Details

Law Section:
Public Health Law
Laws Affected:
Add §2500-l, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A318
2021-2022: A217
2023-2024: A4927

2017-A10809A - Summary

Relates to informing maternity patients about the risks associated with cesarean section.

2017-A10809A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10809--A
 
                           I N  A S S E M B L Y
 
                               May 18, 2018
                                ___________
 
 Introduced  by M. of A. PAULIN, GOTTFRIED, GALEF, ARROYO, BARRON, BLAKE,
   DICKENS, D'URSO, COLTON, COOK, EPSTEIN, HOOPER, PELLEGRINO, SEAWRIGHT,
   TAYLOR, WOERNER, McDONOUGH, ERRIGO -- Multi-Sponsored by -- M.  of  A.
   THIELE -- read once and referred to the Committee on Health -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee

 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:
 
   Section  1.  The  public health law is amended by adding a new section
 2500-l to read as follows:
   § 2500-L. DUTY OF PROVIDERS  OF  PRIMARY  CESAREAN  SECTION  MATERNITY
 SERVICES  TO  INFORM.  1.  (A) EVERY MATERNAL HEALTH CARE PROVIDER SHALL
 PROVIDE WRITTEN COMMUNICATION TO EACH PREGNANT WOMAN FOR WHOM THE MATER-
 NAL HEALTH CARE PROVIDER RECOMMENDS A PRIMARY CESAREAN SECTION DELIVERY,
 STATING THAT THE PRIMARY CESAREAN SECTION IS RECOMMENDED AND TO  PROVIDE
 THE JUSTIFICATION INCLUDING POTENTIAL RISKS AND BENEFITS FOR THE PRIMARY
 CESAREAN  SECTION  PRIOR  TO  THE  DELIVERY,  AS  PART OF THE PROCESS OF
 OBTAINING INFORMED CONSENT TO THE PRIMARY CESAREAN SECTION.
   (B) AS USED IN THIS SECTION:
   I. "MATERNAL HEALTH CARE PROVIDER" OR "PROVIDER" SHALL MEAN  A  PHYSI-
 CIAN, MIDWIFE, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT, ACTING WITHIN
 HIS  OR  HER  SCOPE  OF  PRACTICE,  MANAGING THE PREGNANCY OF A PREGNANT
 WOMAN.
   II. "PRIMARY CESAREAN SECTION DELIVERY" MEANS A FIRST LIFETIME  DELIV-
 ERY BY CESAREAN SECTION FOR A WOMAN.
   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  MATERNAL  HEALTH  CARE PROVIDER SHALL
 PROVIDE WRITTEN COMMUNICATION TO THE PREGNANT WOMAN INDICATING THAT  THE
 PRIMARY  CESAREAN  SECTION  IS NOT MEDICALLY NECESSARY AND INCLUDING THE
 EXPLANATIONS REQUIRED UNDER SUBDIVISION FOUR OF THIS SECTION,  PRIOR  TO
 THE DELIVERY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

multi-Sponsors

2017-A10809B (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Add §2500-l, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A318
2021-2022: A217
2023-2024: A4927

2017-A10809B (ACTIVE) - Summary

Relates to informing maternity patients about the risks associated with cesarean section.

2017-A10809B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10809--B
                                                        Cal. No. 1079
 
                           I N  A S S E M B L Y
 
                               May 18, 2018
                                ___________
 
 Introduced  by M. of A. PAULIN, GOTTFRIED, GALEF, ARROYO, BARRON, BLAKE,
   DICKENS, D'URSO, COLTON, COOK, EPSTEIN, HOOPER, PELLEGRINO, SEAWRIGHT,
   TAYLOR, WOERNER, McDONOUGH, ERRIGO, JEAN-PIERRE -- Multi-Sponsored  by
   --  M.  of  A.  THIELE  --  read once and referred to the Committee on
   Health -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- reported from committee,
   advanced to a third reading, amended and ordered reprinted,  retaining
   its place on 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:
 
   Section 1. The public health law is amended by adding  a  new  section
 2500-l to read as follows:
   §  2500-L.  DUTY  OF  PROVIDERS  OF PRIMARY CESAREAN SECTION MATERNITY
 SERVICES TO INFORM. 1. (A) EVERY MATERNAL  HEALTH  CARE  PROVIDER  SHALL
 PROVIDE WRITTEN COMMUNICATION TO EACH PREGNANT WOMAN FOR WHOM THE MATER-
 NAL HEALTH CARE PROVIDER RECOMMENDS A PRIMARY CESAREAN SECTION DELIVERY,
 STATING  THAT THE PRIMARY CESAREAN SECTION IS RECOMMENDED AND TO PROVIDE
 THE JUSTIFICATION INCLUDING POTENTIAL RISKS AND BENEFITS FOR THE PRIMARY
 CESAREAN SECTION PRIOR TO THE  DELIVERY,  AS  PART  OF  THE  PROCESS  OF
 OBTAINING INFORMED CONSENT TO THE PRIMARY CESAREAN SECTION.
   (B) AS USED IN THIS SECTION:
   I.  "MATERNAL  HEALTH CARE PROVIDER" OR "PROVIDER" SHALL MEAN A PHYSI-
 CIAN, MIDWIFE, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT, ACTING WITHIN
 HIS OR HER SCOPE OF PRACTICE,  MANAGING  THE  PREGNANCY  OF  A  PREGNANT
 WOMAN.
   II.  "PRIMARY CESAREAN SECTION DELIVERY" MEANS A FIRST LIFETIME DELIV-
 ERY BY CESAREAN SECTION FOR A WOMAN.
   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  MATERNAL  HEALTH  CARE  PROVIDER  SHALL
 PROVIDE  WRITTEN COMMUNICATION TO THE PREGNANT WOMAN INDICATING THAT THE
 PRIMARY CESAREAN SECTION IS NOT MEDICALLY NECESSARY  AND  INCLUDING  THE

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