S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5734
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law,  in  relation  to  requiring  the
   commissioner  of health to develop an informational pamphlet providing
   resources to individuals who have suffered a pregnancy loss or  infant
   loss

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Ava's law".
   §  2. Subdivision 1 of section 206 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W) DEVELOP AND TRANSMIT TO MATERNAL  HEALTH  CARE  PROVIDERS  IN  THE
 STATE  A  PAMPHLET  CONTAINING  INFORMATION  FOR  INDIVIDUALS  WHO  HAVE
 SUFFERED A PREGNANCY LOSS OR INFANT LOSS, WHICH FOR THE PURPOSES OF THIS
 PARAGRAPH SHALL INCLUDE BUT NOT BE LIMITED TO, MISCARRIAGE,  STILLBIRTH,
 OR  TERMINATION FOR MEDICAL REASONS.  EACH MATERNAL HEALTH CARE PROVIDER
 SHALL MAKE THE PAMPHLET AVAILABLE TO PATIENTS WHO HAVE SUFFERED A  PREG-
 NANCY  LOSS  OR INFANT  LOSS AND APPLICABLE PARTNERS, SPOUSES OR SIGNIF-
 ICANT OTHERS DURING THE DISCHARGE OF THE PATIENT, IN PRINT  AND  WITH  A
 LINK TO SUCH INFORMATION ON THE DEPARTMENT'S WOMEN'S HEALTH WEBSITE.
   (1) SUCH PAMPHLET SHALL INCLUDE:
   (I)  STANDARDIZED  INFORMATION ON WHAT TO EXPECT FOLLOWING A PREGNANCY
 LOSS OR INFANT LOSS, INCLUDING BUT NOT LIMITED TO THE  POTENTIAL  EFFECT
 OF  SUCH A LOSS ON MENTAL AND PHYSICAL HEALTH, NAVIGATING GRIEF, HORMONE
 CHANGES, AND OPTIONS TO ADDRESS POTENTIAL MILK PRODUCTION.  THE  COMMIS-
 SIONER  SHALL  WORK WITH THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNE-
 COLOGISTS AND THE NEW YORK STATE ASSOCIATION  OF  LICENSED  MIDWIVES  TO
 DEVELOP THE INFORMATION PROVIDED FOR UNDER THIS PARAGRAPH. SUCH PAMPHLET
 SHALL ALSO INCLUDE STANDARDIZED LANGUAGE ABOUT THE IMPORTANCE OF SEEKING
 AND RECEIVING REPRODUCTIVE HEALTH FOLLOW-UP CARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06322-02-3
              

 A. 5734                             2
 
   (II)  CONTACT  INFORMATION FOR LOCAL RESOURCES AVAILABLE IN THE COUNTY
 IN WHICH SUCH PAMPHLET WILL BE DISTRIBUTED.  THE COUNTY SHALL SUBMIT  TO
 THE  DEPARTMENT ANNUALLY, BY A DATE TO BE DETERMINED BY SUCH DEPARTMENT,
 CONTACT INFORMATION FOR  SUCH  LOCAL  RESOURCES.  THE  DEPARTMENT  SHALL
 INCORPORATE SUCH CONTACT INFORMATION INTO THE PAMPHLET TO BE PROVIDED TO
 THE COUNTY PRIOR TO DISTRIBUTING SUCH PAMPHLET TO EACH COUNTY. THE COUN-
 TY, AT A MINIMUM, SHALL PROVIDE CONTACT INFORMATION FOR:
   (A) MENTAL HEALTH SERVICES AND COUNSELING;
   (B)  MILK BANKS WHERE INDIVIDUALS CAN DONATE BREASTMILK EITHER LOCALLY
 OR BY MAIL;
   (C) FREE FOLLOW-UP GYNECOLOGICAL CARE; AND
   (D) POSTPARTUM DOULA CARE RESOURCES.
   IF ANY OF THE RESOURCES REQUIRED BY THIS CLAUSE ARE NOT  AVAILABLE  IN
 SUCH  COUNTY,  CONTACT INFORMATION FOR SUCH RESOURCES IN NEARBY COUNTIES
 SHALL BE PROVIDED.
   (2) SUCH PAMPHLET MAY ALSO INCLUDE ANY OTHER  ADDITIONAL  INFORMATION,
 RESOURCES,  OR  CONTACT  INFORMATION THE COUNTY PROVIDES ANNUALLY TO THE
 DEPARTMENT FOR INCLUSION IN SUCH PAMPHLET.
   (3) SUCH PAMPHLET SHALL BE MADE AVAILABLE ON THE DEPARTMENT'S  WOMEN'S
 HEALTH  WEBSITE,  ESTABLISHED  UNDER  SUBDIVISION  SEVEN  OF SECTION TWO
 HUNDRED SIXTY-SIX OF  THIS  ARTICLE.  ADDITIONALLY,  REFERENCE  TO  SUCH
 WEBSITE  SHALL BE INCLUDED IN THE PAMPHLET AS A SOURCE OF FURTHER INFOR-
 MATION.
   (4) FOR PURPOSES OF THIS PARAGRAPH, THE  TERM  "MATERNAL  HEALTH  CARE
 PROVIDER" SHALL INCLUDE A PHYSICIAN, MIDWIFE, NURSE PRACTITIONER, PHYSI-
 CIAN  ASSISTANT,  OTHER  HEALTH CARE PRACTITIONER, AND ANY OTHER PROFES-
 SIONAL PROVIDING MEDICAL CARE OR ASSISTANCE TO AN INDIVIDUAL  EXPERIENC-
 ING A PREGNANCY LOSS OR INFANT LOSS.
   §  3.  Section 266 of the public health law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE DEPARTMENT'S WEBSITE SHALL INCLUDE THE  INFORMATIONAL  PAMPHLET
 ON  PREGNANCY  LOSS AND INFANT LOSS CREATED PURSUANT TO PARAGRAPH (W) OF
 SUBDIVISION ONE OF SECTION TWO HUNDRED SIX OF THIS ARTICLE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.