Senate Bill S1159B

2023-2024 Legislative Session

Requires disclosure of information concerning non-invasive prenatal screening for chromosomal abnormalities

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-S1159 - Details

See Assembly Version of this Bill:
A9152
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2533, amd §266, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S8286

2023-S1159 - Summary

Requires disclosure of information concerning non-invasive prenatal screening for chromosomal abnormalities including the benefits and limitations of non-invasive prenatal testing, the difference between non-invasive prenatal testing and prenatal diagnostic testing, and current recommendations from the American College of Obstetricians and Gynecologists (ACOG), the Society for Maternal Fetal Medicine, and the American College of Medical Genetics and Genomics (ACMG).

2023-S1159 - Sponsor Memo

2023-S1159 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1159
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens. SKOUFIS, THOMAS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring a  writ-
   ten notice on the occurrence of a false-positive result for any condi-
   tion tested during a prenatal test

   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
 2533 to read as follows:
   §  2533. DISCLOSURE OF INFORMATION CONCERNING PRENATAL TESTING. A. THE
 FOLLOWING TERMS AS USED IN THIS SECTION SHALL MEAN THE FOLLOWING:
   1. "LABORATORY" SHALL HAVE THE SAME MEANING AS IS SET FORTH IN SECTION
 FIVE HUNDRED SEVENTY-ONE OF THIS CHAPTER.
   2. "PRENATAL TESTING SERVICES" MEANS ANY SERVICE PROVIDED BY A  HOSPI-
 TAL  TO  IDENTIFY  POTENTIAL  PROBLEMS  WITH A PREGNANCY OR THE RELATIVE
 LIKELIHOOD OF ABNORMALITIES IN A FETUS. SUCH SERVICES SHALL INCLUDE  BUT
 NOT  BE LIMITED TO SERVICES THAT TEST PLACENTAL TISSUE OR THE BLOOD OF A
 PREGNANT PATIENT.
   3. "MATERIAL" MEANS ANY ADVERTISEMENT, PROMOTIONAL  BROCHURE,  WEBSITE
 OR  DOCUMENTATION  THAT  MAY  BE  PRESENTED  TO A PATIENT OR A POTENTIAL
 PARENT TO RECOMMEND PRENATAL TESTING SERVICES OFFERED BY A HOSPITAL.
   4. "PERCENTAGE OF POSITIVES BEING A FALSE-POSITIVE" MEANS THE RATIO OF
 THE NUMBER OF FALSE-POSITIVE RESULTS DIVIDED BY THE SUM OF THE NUMBER OF
 FALSE-POSITIVE RESULTS AND THE NUMBER OF TRUE POSITIVES.
   B. EVERY PRENATAL TEST SHALL INCLUDE A WRITTEN NOTICE, PROVIDED BY THE
 ENTITY WHICH MANUFACTURED, SUPPLIED, OR OTHERWISE CREATED SUCH  TEST  OR
 WHICH  ADVERTISED  PERFORMING  PRENATAL TESTS, ABOUT THE OCCURRENCE OF A
 FALSE-POSITIVE RESULT, INCLUDING BUT NOT LIMITED TO  THE  PERCENTAGE  OF
 POSITIVES  BEING  A FALSE-POSITIVE, FOR ANY CONDITION TESTED DURING SUCH
 PRENATAL TEST. SUCH WRITTEN NOTICE SHALL BE PROVIDED TO A PATIENT  OR  A
 POTENTIAL  PARENT:  (I)  PRIOR TO ANY PRENATAL TEST; (II) WITH SUCH TEST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04085-01-3
              

co-Sponsors

2023-S1159A - Details

See Assembly Version of this Bill:
A9152
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2533, amd §266, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S8286

2023-S1159A - Summary

Requires disclosure of information concerning non-invasive prenatal screening for chromosomal abnormalities including the benefits and limitations of non-invasive prenatal testing, the difference between non-invasive prenatal testing and prenatal diagnostic testing, and current recommendations from the American College of Obstetricians and Gynecologists (ACOG), the Society for Maternal Fetal Medicine, and the American College of Medical Genetics and Genomics (ACMG).

2023-S1159A - Sponsor Memo

2023-S1159A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1159--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  THOMAS,  WEBB -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  recommitted  to  the Committee on Health in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT to amend the public health law, in relation to requiring disclo-
   sure of information concerning  non-invasive  prenatal  screening  for
   chromosomal abnormalities
 
   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
 2533 to read as follows:
   §  2533.  DISCLOSURE  OF  INFORMATION CONCERNING NON-INVASIVE PRENATAL
 SCREENING FOR CHROMOSOMAL ABNORMALITIES.  1. FOR THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL MEAN THE FOLLOWING:
   (A)  "LABORATORY"  SHALL  HAVE  THE  SAME  MEANING  AS IS SET FORTH IN
 SECTION FIVE HUNDRED SEVENTY-ONE OF THIS CHAPTER.
   (B) "NON-INVASIVE PRENATAL  SCREENING"  SHALL  MEAN  ANY  NON-INVASIVE
 PRENATAL  SCREENING  OR  CELL FREE FETAL DNA SCREENING USED TO ASCERTAIN
 WHETHER A FETUS IS AT RISK FOR CERTAIN CHROMOSOMAL ABNORMALITIES.
   2. NON-INVASIVE PRENATAL SCREENINGS SHALL BE ACCOMPANIED BY A  WRITTEN
 NOTICE,  PROVIDED  BY THE ENTITY WHICH MANUFACTURED, SUPPLIED, OR OTHER-
 WISE CREATED SUCH  TEST  OR WHICH  ADVERTISED  PERFORMING THESE PRENATAL
 SCREENING TESTS, ABOUT THE USE OF SUCH TEST FOR SCREENING PURPOSES,  THE
 FACT THAT NOT ALL HIGH RISK OCCURRENCES CORRESPOND TO A POSITIVE RESULT,
 THE  FACT THAT NOT ALL LOW RISK RESULTS CORRESPOND TO A NEGATIVE RESULT,
 A CLEAR STATEMENT INDICATING THAT NON-INVASIVE PRENATAL  SCREENINGS  ARE
 INTENDED  SOLELY FOR SCREENING PURPOSES TO ASSESS RISK OF POSSIBLE FETAL
 GENETIC ABNORMALITIES AND IS NOT INTENDED  TO  BE  USED  FOR  DIAGNOSTIC
 PURPOSES TO DETERMINE WHETHER SUCH ABNORMALITIES ACTUALLY EXIST AND THAT
 ANY  POSITIVE RESULT SHOULD BE FOLLOWED BY CONFIRMATORY DIAGNOSTIC TEST-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04085-02-4
              

co-Sponsors

2023-S1159B (ACTIVE) - Details

See Assembly Version of this Bill:
A9152
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2533, amd §266, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S8286

2023-S1159B (ACTIVE) - Summary

Requires disclosure of information concerning non-invasive prenatal screening for chromosomal abnormalities including the benefits and limitations of non-invasive prenatal testing, the difference between non-invasive prenatal testing and prenatal diagnostic testing, and current recommendations from the American College of Obstetricians and Gynecologists (ACOG), the Society for Maternal Fetal Medicine, and the American College of Medical Genetics and Genomics (ACMG).

2023-S1159B (ACTIVE) - Sponsor Memo

2023-S1159B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1159--B
     Cal. No. 381
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  THOMAS,  WEBB -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  recommitted  to  the Committee on Health in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 AN ACT to amend the public health law, in relation to requiring  disclo-
   sure  of  information  concerning  non-invasive prenatal screening for
   chromosomal abnormalities
 
   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
 2533 to read as follows:
   § 2533. DISCLOSURE OF  INFORMATION  CONCERNING  NON-INVASIVE  PRENATAL
 SCREENING  FOR  CHROMOSOMAL ABNORMALITIES.   1. FOR THE PURPOSES OF THIS
 SECTION, THE TERM "NON-INVASIVE PRENATAL SCREENING" SHALL MEAN ANY  NON-
 INVASIVE  PRENATAL  SCREENING  OR  CELL FREE FETAL DNA SCREENING USED TO
 ASCERTAIN WHETHER A FETUS IS AT  RISK  FOR  CERTAIN  CHROMOSOMAL  ABNOR-
 MALITIES.
   2.  NON-INVASIVE PRENATAL SCREENINGS SHALL BE ACCOMPANIED BY A WRITTEN
 NOTICE, PROVIDED BY THE ENTITY WHICH MANUFACTURED, SUPPLIED,  OR  OTHER-
 WISE CREATED SUCH  TEST  OR WHICH  ADVERTISED  PERFORMING THESE PRENATAL
 SCREENING  TESTS, ABOUT THE USE OF SUCH TEST FOR SCREENING PURPOSES, THE
 FACT THAT NOT ALL HIGH RISK OCCURRENCES CORRESPOND TO A POSITIVE RESULT,
 THE FACT THAT NOT ALL LOW RISK RESULTS CORRESPOND TO A NEGATIVE  RESULT,
 A  CLEAR  STATEMENT INDICATING THAT NON-INVASIVE PRENATAL SCREENINGS ARE
 INTENDED SOLELY FOR SCREENING PURPOSES TO ASSESS RISK OF POSSIBLE  FETAL
 GENETIC  ABNORMALITIES  AND  IS  NOT  INTENDED TO BE USED FOR DIAGNOSTIC
 PURPOSES TO DETERMINE WHETHER SUCH ABNORMALITIES ACTUALLY EXIST AND THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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