S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8207
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 2023
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   maternal health bill of rights
 
   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
 2803-c-2 to read as follows:
   §  2803-C-2.  MATERNAL  HEALTH  BILL OF RIGHTS. 1. A. THE COMMISSIONER
 SHALL REQUIRE THAT EVERY HEALTH CARE FACILITY AND  HEALTH  CARE  PROFES-
 SIONAL  WHO COULD REASONABLY FORESEE HAVING PREGNANT PERSONS AS PATIENTS
 SHALL ADOPT AND MAKE PUBLIC THE MATERNAL  HEALTH  BILL  OF  RIGHTS,  AND
 SHALL TREAT SUCH PATIENTS IN ACCORDANCE WITH THE PROVISIONS OF SUCH BILL
 OF RIGHTS.
   B.  EACH FACILITY SHALL POST AND PROVIDE COPIES OF SUCH BILL OF RIGHTS
 AT THE INITIAL APPOINTMENT, THE TIME OF PRE-BOOKING AND AT THE  TIME  OF
 ADMISSION  TO  EACH  MATERNITY  PATIENT, AND UPON REQUEST TO THE GENERAL
 PUBLIC. SUCH INFORMATION SHALL ALSO BE PROVIDED BY EVERY DIAGNOSTIC  AND
 TREATMENT CENTER OFFERING PRENATAL AND/OR MATERNITY SERVICES.
   C. THE DEPARTMENT SHALL TRANSLATE AND MAKE AVAILABLE TO ALL FACILITIES
 THE  MATERNAL  HEALTH  BILL OF RIGHTS IN THE TEN MOST COMMON NON-ENGLISH
 LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY IN  NEW
 YORK STATE AS BASED ON THE MOST RECENT UNITED STATES CENSUS.
   D. FOR THE PURPOSES OF THIS SECTION:
   I. "TREATMENT" SHALL MEAN ANY AND ALL KNOWN MEDICAL PROCEDURES, TESTS,
 MEDICATIONS, AND/OR CARE INDICATED AS MEDICALLY APPROPRIATE; AND
   II.  "PATIENT"  SHALL  MEAN ANY PREGNANT PERSON WHO IS A PATIENT OF OR
 RECEIVING CARE OR DIAGNOSIS BY A HEALTH CARE PROFESSIONAL OR FACILITY.
   2. THE MATERNAL HEALTH BILL OF RIGHTS SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11862-01-3
 A. 8207                             2
              

 
   A. EVERY PATIENT SHALL HAVE THE RIGHT TO RECEIVE COURTEOUS,  FAIR  AND
 RESPECTFUL  CARE  AND  TREATMENT FREE FROM MENTAL AND PHYSICAL ABUSE AND
 DISCRIMINATION BASED ON RACE,  CREED,  COLOR,  NATIONAL  ORIGIN,  SEXUAL
 ORIENTATION, GENDER PREFERENCE AND/OR GENDER PRESENTATION;
   B.  EVERY  PATIENT SHALL HAVE THE RIGHT TO RECEIVE ADEQUATE AND APPRO-
 PRIATE MEDICAL CARE, TO BE INFORMED OF THEIR MEDICAL CONDITION  AND  ALL
 TREATMENT  OPTIONS  AVAILABLE  AND  MEDICALLY  INDICATED, AS WELL AS THE
 PRACTITIONER'S METHODS OF PERFORMING OR ADMINISTERING  SUCH  TREATMENTS,
 IN  ADDITION  TO ANY AND ALL KNOWN POTENTIAL DIRECT AND INDIRECT EFFECTS
 AND RISKS OF SUCH TREATMENT ON BOTH THE PATIENT AND THE FETUS OR  FETUS-
 ES;
   C.  EVERY  PRACTITIONER  SHALL  RECEIVE INFORMED CONSENT FROM PREGNANT
 PATIENTS PRIOR TO THE PERFORMANCE OF ANY TREATMENT AND SUCH CONSENT  MAY
 NOT BE ACHIEVED THROUGH ANY FORM OF COERCION OR APPEALS TO CONSCIENCE OR
 MORALITY,  ALLOWING  THE  PREGNANT  PERSON  TO CHOOSE, WITHOUT PRESSURE,
 WHICH MEDICAL TREATMENT AGREED TO THROUGHOUT PREGNANCY AND DELIVERY;
   D. EVERY DECISIONALLY CAPABLE PATIENT SHALL HAVE THE RIGHT  TO  REFUSE
 AND/OR  REVOKE  CONSENT FOR ANY AND ALL TREATMENTS EVEN IF REFUSAL COULD
 RESULT IN THE LOSS OF LIFE TO EITHER THE PATIENT OR FETUS OR FETUSES;
   E. EVERY PATIENT SHALL HAVE THE RIGHT TO HAVE  THEIR  PREFERENCES  FOR
 LABOR  AND  DELIVERY,  WHETHER  PROVIDED  IN  A WRITTEN BIRTHING PLAN OR
 VERBALLY TO THE PROVIDER TO BE FOLLOWED BY ALL PROVIDERS OF CARE AND THE
 BIRTHING FACILITY, INCLUDING BUT  NOT  LIMITED  TO:  BIRTHING  POSITION,
 BIRTHING  SETTING,  CULTURAL  OR RELIGIOUS PRACTICES AND RITUALS, USE OF
 AND ACCESS TO DOULAS AND/OR MIDWIVES, ELECTRONIC FETAL  MONITORING,  AND
 BIRTH  INTERVENTIONS  INCLUDING  EPISIOTOMY,  AMNIOTOMY, USE OF FORCEPS,
 VACUUM EXTRACTION, ANESTHETICS,  AUGMENTATION  OF  LABOR,  CESAREAN  AND
 VAGINAL BIRTH AFTER PREVIOUS CESAREAN SECTION (VBAC), AS LONG AS PREFER-
 ENCES  ARE  MEDICALLY INDICATED AS SAFE AND NOT DETERMINED TO CAUSE HARM
 OR CREATE AN UNDUE BURDEN ON THE FACILITY, INTERRUPT HOSPITAL  PROCEDURE
 OR  INTERFERE  WITH  THE  PROVISION OF CARE OF OR CREATE A RISK TO OTHER
 PATIENTS WITHIN THE FACILITY;
   F. EVERY PATIENT SHALL HAVE THE RIGHT TO RECEIVE A REFERRAL FOR MENTAL
 HEALTH SERVICES WHEN SAID PATIENT OR FETUS OR  FETUSES  HAS  EXPERIENCED
 ANY  ADVERSE  OUTCOME AS A RESULT OF ANY TREATMENT AND/OR REFUSAL OF ANY
 TREATMENT BUT SUCH MENTAL  HEALTH  SERVICES  MAY  NOT  BE  REQUIRED  AND
 PATIENTS MAINTAIN THE RIGHT TO REFUSE SERVICES;
   G. EVERY PATIENT SHALL HAVE THE RIGHT TO HAVE PRIVACY IN TREATMENT AND
 IN  CARING  FOR  PERSONAL  NEEDS,  CONFIDENTIALITY  IN  THE TREATMENT OF
 PERSONAL  AND  MEDICAL  RECORDS,  AND  SECURITY  IN   STORING   PERSONAL
 POSSESSIONS;
   H.  EVERY  PATIENT  SHALL  HAVE THE RIGHT TO REQUEST A ROOM, DOCTOR OR
 NURSE CHANGE AT ANY POINT, AND ALL FACILITIES OR PROVIDERS  SHALL  GRANT
 SUCH CHANGE, IF ABLE;
   I.  EVERY PATIENT SHALL HAVE THE RIGHT TO PRESENT GRIEVANCES ON BEHALF
 OF THEMSELVES OR OTHERS,  TO  THE  FACILITY'S  STAFF  OR  ADMINISTRATOR,
 GOVERNMENT OFFICIALS, OR TO ANY OTHER PERSON WITHOUT FEAR OF RETALIATION
 OR  REPRISAL,  AND  TO JOIN WITH OTHER PATIENTS OR INDIVIDUALS WITHIN OR
 OUTSIDE OF THE FACILITY TO WORK FOR IMPROVEMENTS  IN  PATIENT  CARE,  AS
 WELL  AS TO BE INFORMED OF THE MECHANISMS TO REPORT MISTREATMENT, ABUSE,
 OR SUSPECTED BIAS OR DISCRIMINATION IN CARE; AND
   J. EVERY PATIENT SHALL HAVE THE RIGHT TO BE  PROVIDED  INFORMATION  ON
 POSTNATAL  SERVICES AND RESOURCES AVAILABLE IN THEIR COUNTY OF RESIDENCE
 AND TO BE INFORMED OF THE WARNING SIGNS OF POSTPARTUM DEPRESSION AND  TO
 BE  PROVIDED  WITH  THE  988  SUICIDE & CRISIS LIFELINE INFORMATION UPON
 DISCHARGE.
 A. 8207                             3
 
   3. EACH FACILITY SHALL PREPARE A WRITTEN PLAN AND PROVIDE  APPROPRIATE
 STAFF TRAINING TO IMPLEMENT EACH PATIENT'S RIGHTS INCLUDED IN THE STATE-
 MENT.
   4. EACH FACILITY SHALL PROVIDE THE TELEPHONE NUMBER AND WEBSITE INFOR-
 MATION  FOR THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT IN THE DEPARTMENT
 AND THE OFFICE OF THE PROFESSIONS IN THE STATE EDUCATION DEPARTMENT,  IN
 WHICH  A  PATIENT  MAY  REPORT ANY MISCONDUCT THAT THE PATIENT FEELS MAY
 HAVE OCCURRED.
   5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  PROHIBIT  OR  NEGATE
 ANY  OTHER PATIENT RIGHTS OR CARE MANDATES AS DEFINED IN SECTION TWENTY-
 EIGHT HUNDRED THREE-C AND SECTION TWENTY-EIGHT HUNDRED THREE-N  OF  THIS
 ARTICLE OR OTHER SECTION OR ARTICLE OF LAW.
   §  2.  Section 266 of the public health law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE DEPARTMENT SHALL POST AND MAINTAIN THE MATERNAL HEALTH BILL  OF
 RIGHTS  ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED-C-2 OF THIS
 CHAPTER ON  THE  WEBSITE  ESTABLISHED  UNDER  SUBDIVISION  ONE  OF  THIS
 SECTION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.