NY State Senate Bill 2021-S8455

Senate Bill S8455

2021-2022 Legislative Session

Requires the department of health to develop and maternal health care providers to distribute written information about episiotomy to maternity patients

download bill text pdf

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2022	referred to women's issues

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2021-S8455 (ACTIVE) - Details

See Assembly Version of this Bill:: A9380
Current Committee:: Senate Women's Issues
Law Section:: Public Health Law
Laws Affected:: Add §2500-m, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S1877, A2794

2021-S8455 (ACTIVE) - Summary

Requires the department of health to develop and maternal health care providers to distribute written information about episiotomy to maternity patients.

2021-S8455 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8455

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring the
department of health to develop and maternal health care providers to
distribute written information about episiotomy to maternity patients

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the public health law, in relation to informing maternity
patients about the risks associated with episiotomies.

 
SUMMARY OF KEY PROVISIONS:

Section one amends the public health law by adding a new section

§ 2500-m. Subdivision one provides definitions and establishes a proce-
dure for a maternal health provider to provide a written communication
to each pregnant woman for whom a vaginal delivery is planned. Subdivi-
sion two provides that the Commissioner of Health shall consult with the

American College of Obstetricians and Gynecologists and the New York
State Association of Licensed Midwives to develop a written communi-
cation or communications for maternal health care providers to distrib-
ute to patients as required under this section.

Section two provides the effective date.

 
JUSTIFICATION:

Both the American College of Obstetricians and Gynecologists (ACOG) and
the World Health Organization (WHO) have recommended against the routine
use of episiotomies for decades. Experts today agree that episiotomies
are rarely ever medically necessary, can cause additional postpartum
pain and injury, and increase the overall risk to mothers. Because of
this, experts say that the national average rate should be 5 percent,
yet in 2017, the national average was more than double the ideal rate at
12 percent.

The average episiotomy rate in 2017 for all NYS hospitals was 10.4
percent, a rate lower than the national average but still substantially
higher than ACOG and WHO recommendations. Within the state episiotomy
rates vary greatly. In fact, in 2017 one hospital had one of the highest
episiotomy rates in the country and the highest in New York State at a
rate of 65.2 percent, with 748 women receiving an episiotomy out of
1,886 total births. In contrast, the best-performing New York hospital
that year had an episiotomy rate of 2.5 percent.

While episiotomies are rarely ever medically necessary, doctors may
still perform episiotomies out of habit and convenience since the proce-
dure can shorten the birthing process significantly.* More concerning is
that an investigation by CUNY Graduate School of Journalism found that
episiotomies are frequently performed without consent. ** Further,
evidence shows that Black, Brown, and Indigenous populations are subject
to non-consensual episiotomies at higher rates compared to White women.
Providing information regarding episiotomies to pregnant people will
ensure that they are aware this procedure is a possibility and under-
stand the risks associated with it. The bill addresses issues of consent
during delivery and enables pregnant people to discuss possible proce-
dures with their providers and advocate for themselves during delivery.

This bill directs the Commissioner of Health to establish a formal writ-
ten communication or communications for a maternal health care provider
to provide information to each maternal patient who plans to deliver
vaginally to inform them about risks associated with episiotomies and
how having an episiotomy may impact future pregnancies. By ensuring
women understand the risks and impacts associated with episiotomies
mothers can make more informed and autonomous decisions about their
healthcare.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the commissioner of
health shall make regulations and take other actions reasonably neces-
sary to implement this act on that date. * MacLeod, A. (2018).  All
Together Healthy (1st ed.). Douglas & McIntyre. ** Enking, Molly Cora,
"Women are being cut during childbirth without need or consent" (2018).
CUNY Academic Works. https://academicworks.cunv.edu/ai etds/285
***"Giving Voice to Mothers in the US: Experiences of care among people
of color and in community settings for birth" (2019).  Birth Place Lab,
University of British Columbia.

2021-S8455 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8455
 
                             I N  S E N A T E
 
                               March 2, 2022
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 AN ACT to amend the public health law,  in  relation  to  requiring  the
   department  of health to develop and maternal health care providers to
   distribute written information about episiotomy to maternity patients

   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-m to read as follows:
   § 2500-M. DUTY OF PROVIDERS OF MATERNITY SERVICES TO  INFORM.  1.  (A)
 EVERY  MATERNAL  HEALTH CARE PROVIDER SHALL PROVIDE THE WRITTEN COMMUNI-
 CATION ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION PRIOR TO  DELIVERY
 TO EACH PREGNANT PATIENT FOR WHOM A VAGINAL DELIVERY IS PLANNED.
   (B)  EVERY  MATERNAL  HEALTH  CARE  PROVIDER  WHO ATTENDS TO A VAGINAL
 DELIVERY WHICH WAS NOT PLANNED  PRENATALLY  SHALL  PROVIDE  THE  WRITTEN
 COMMUNICATION  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION TO THE
 PATIENT FOLLOWING DELIVERY.
   (C) AS USED IN  THIS  SECTION:  "MATERNAL  HEALTH  CARE  PROVIDER"  OR
 "PROVIDER"  SHALL  MEAN  A  PHYSICIAN,  MIDWIFE,  NURSE PRACTITIONER, OR
 PHYSICIAN ASSISTANT, ACTING WITHIN THE PRACTITIONER'S SCOPE OF PRACTICE,
 MANAGING THE PREGNANCY OR LABOR OF A PREGNANT PATIENT.
   2. (A) THE COMMISSIONER  SHALL  DEVELOP  A  WRITTEN  COMMUNICATION  OR
 COMMUNICATIONS  FOR  MATERNAL  HEALTH  CARE  PROVIDERS  TO DISTRIBUTE TO
 MATERNITY PATIENTS AS REQUIRED IN SUBDIVISION ONE OF THIS SECTION, WHICH
 CONTAINS INFORMATION ABOUT EPISIOTOMY. THE  COMMISSIONER  SHALL  CONSULT
 WITH APPROPRIATE HEALTH CARE PROFESSIONALS, PROVIDERS, CONSUMERS, EDUCA-
 TORS  AND PATIENTS OR ORGANIZATIONS REPRESENTING THEM, INCLUDING BUT NOT
 LIMITED TO THE AMERICAN COLLEGE OF OBSTETRICIANS AND  GYNECOLOGISTS  AND
 THE  NEW  YORK  STATE  ASSOCIATION  OF LICENSED MIDWIVES TO DEVELOP SUCH
 WRITTEN COMMUNICATION OR COMMUNICATIONS.
   (B) SUCH WRITTEN COMMUNICATION OR COMMUNICATIONS  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO INFORMATION ON:
   I. POTENTIAL MATERNAL INJURIES ASSOCIATED WITH EPISIOTOMY;
   II. THE IMPACT AN EPISIOTOMY MAY HAVE ON FUTURE DELIVERIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14536-01-2
 S. 8455                             2

   III.  CIRCUMSTANCES  IN  WHICH EPISIOTOMY MAY BE NECESSARY TO SAVE THE
 LIFE OR PROTECT THE HEALTH OF THE MOTHER OR FETUS; AND
   IV.  THE  GENERAL REQUIREMENT THAT AN EPISIOTOMY MAY ONLY BE DONE WITH
 THE PATIENT'S CONSENT AND THE CIRCUMSTANCES IN WHICH AN  EPISIOTOMY  MAY
 BE DONE WITHOUT PATIENT CONSENT.
   (C) THE COMMISSIONER SHALL ENSURE THAT ALL INFORMATION INCLUDED IN THE
 WRITTEN  COMMUNICATION  OR  COMMUNICATIONS ARE MAINTAINED AND UPDATED TO
 REFLECT CURRENT CLINICAL GUIDELINES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the  commissioner  of
 health  shall  make regulations and take other actions reasonably neces-
 sary to implement this act on that date.

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