NY State Senate Bill 2023-S2463A

Senate Bill S2463A

2023-2024 Legislative Session

Directs the department of health to create an informational pamphlet regarding the laparoscopic power morcellation surgery technique

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	referred to health delivered to assembly passed senate
May 13, 2024	advanced to third reading
May 08, 2024	2nd report cal. amended 2463b
May 07, 2024	1st report cal.931
Jan 03, 2024	referred to women's issues returned to senate died in assembly
May 09, 2023	referred to health delivered to assembly passed senate
May 02, 2023	advanced to third reading
May 01, 2023	2nd report cal.
Apr 26, 2023	1st report cal.705
Feb 03, 2023	print number 2463a
Feb 03, 2023	amend and recommit to women's issues
Jan 20, 2023	referred to women's issues

Votes

- May 14, 2024 - Floor Vote
  S2463A
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 14, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Sepúlveda
      
      Walczyk
  May 9, 2023 - Floor Vote
  S2463A
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 9, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (3)
      
      Cooney
      
      Ortt
      
      Parker
  May 7, 2024 - Women's Issues Committee Vote
  S2463A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Women's Issues Committee Vote: May 7, 2024
      
      aye (7)
      
      Canzoneri-Fitzpatrick
      
      Persaud
      
      Salazar
      
      Scarcella-Spanton
      
      Serrano
      
      Webb
      
      Weik
  Apr 25, 2023 - Women's Issues Committee Vote
  S2463A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Women's Issues Committee Vote: Apr 25, 2023
      
      aye (7)
      
      Canzoneri-Fitzpatrick
      
      Persaud
      
      Salazar
      
      Scarcella-Spanton
      
      Serrano
      
      Webb
      
      Weik

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S2463 - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §2504-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S8893

2023-S2463 - Summary

Directs the department of health to create an informational pamphlet regarding the laparoscopic power morcellation surgery technique.

2023-S2463 - Sponsor Memo

                                 
BILL NUMBER: S2463

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law, in relation to directing the
department of health to create an informational pamphlet regarding the
laparoscopic power morcellation surgery technique

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to develop an information pamphlet for
patients undergoing surgery with the power morcellation technique.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new § 2504 to the public health law to
myomectomy with the power morcellation technique.

Section 2 of the bill is the effective date.

JUSTIFICATION:

Laparoscopic myomectomy surgery is a surgery intended to remove
fibroids. The power morcellation technique is a surgical technique,
which makes the surgery minimally invasive, shortening the recovery time
for the surgery. Through power morcellation, the fibroid is broken down,
yet an unintended consequence from this technique is the spread of
tissue to other parts of the body.

Because of this, cancerous cells can spread, infecting the patient with
cancerous cells in multiple parts of the body. The use of the power
morcellation technique has been flagged by the FDA due to its possible
endangerment of patients, especially when a patient is unaware that they
may have cancer.

In order to minimize the danger posed by the power morcellation tech-
nique, this piece of legislation seeks to inform patients on the possi-
ble side effects of the power morcellation technique. Patients must be
informed of all effects, techniques, and procedures available to them in
order to get rid of their fibroid(s). If a patient seeks to go through
this surgery, we are requiring a screening for cancer to minimize any
negative effects a patient may have. By informing patients of all
medical side effects and medical care, we hope that patients have the
best care possible and that the negative side effects of the power
morcellation technique are minimized.

 
LEGISLATIVE HISTORY:

2021/2022: referred to health/passed senate

 
FISCAL IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act shall take effect on the one hundredth day after it shall have
become a law. Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.

2023-S2463 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2463
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens. PERSAUD, COMRIE -- 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  directing  the
   department of health to create an informational pamphlet regarding the
   laparoscopic power morcellation surgery technique

   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
 2504-c to read as follows:
   §  2504-C.  INFORMATION  CONCERNING  LAPAROSCOPIC  POWER  MORCELLATION
 SURGERY TECHNIQUE. 1. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR,
 THE DEPARTMENT  SHALL  DEVELOP  AN  INFORMATIVE  PAMPHLET  FOR  PATIENTS
 CONSIDERING  GOING  THROUGH  THE LAPAROSCOPIC POWER MORCELLATION SURGERY
 TECHNIQUE. IN DEVELOPING THE PAMPHLET, THE DEPARTMENT SHALL CONSULT WITH
 STATE PROFESSIONAL SOCIETIES REPRESENTING PHYSICIANS IN GENERAL, OBSTET-
 RICIANS AND GYNECOLOGISTS, FAMILY PRACTICE PHYSICIANS, NURSE PRACTITION-
 ERS, PHYSICIAN ASSISTANTS AND MIDWIVES. THE PAMPHLET SHALL INCLUDE,  BUT
 NOT BE LIMITED TO, INFORMATION CONCERNING:
   (A)  WHAT  THE  LAPAROSCOPIC POWER MORCELLATION SURGERY IS DEFINED AS,
 WHAT THE RISKS AND BENEFITS ARE, AND HOW IT IS PERFORMED;
   (B) IF APPLICABLE, A DESCRIPTION  OF  OTHER  RELEVANT  PROCEDURES  AND
 TECHNIQUES  THAT  MAY  BE APPLICABLE TO THE PATIENT SUCH AS THE HYSTERO-
 SCOPIC MORCELLATION TECHNIQUE;
   (C) THE REQUIREMENT OF SCREENING THE PATIENT  FOR  CANCERS  INCLUDING,
 BUT NOT LIMITED TO: UTERINE MYOMA, ENDOMETRIAL STROMAL SARCOMA (ESS) AND
 LEIOMYOSARCOMA, PRIOR TO UNDERGOING LAPAROSCOPIC SURGERY;
   (D)  PRIVACY  EXPECTATIONS,  INCLUDING THAT PRIVACY SHOULD BE PROVIDED
 FOR THE PATIENT BOTH WHEN UNDRESSING AND DRESSING AND THAT A GOWN  OR  A
 DRAPE SHOULD BE PROVIDED;
   (E)  IF  LAPAROSCOPIC HYSTERECTOMY, WHICH IS A SURGICAL PROCEDURE USED
 TO REMOVE THE UTERUS, OR MYOMECTOMY HYSTERECTOMY, WHICH  IS  A  SURGICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04480-01-3

 S. 2463                             2
 
 PROCEDURE USED TO REMOVE THE FIBROIDS, IS RECOMMENDED, THEN THE PROVIDER
 SHALL  INFORM  THE PATIENT IF POWER MORCELLATION WILL BE USED AND WHY IT
 IS THE BEST OPTION FOR THIS EXACT CASE;
   (F)  AN EXPLANATION OF WHAT THE LAPAROSCOPIC POWER MORCELLATION IS AND
 WHAT IT IS USED FOR;
   (G) EXPLICITLY MENTIONING AND EXPLAINING  THE  POSSIBILITY  THAT  THIS
 PROCEDURE  MAY  SPREAD CANCER CELLS THAT HAVE NOT BEEN DETECTED, INCLUDE
 ALL THE OPTIONS TO TREAT THE CONDITION, INCLUDING THE RISKS AND BENEFITS
 OF EACH OPTION;
   (H) THAT GLOVES SHOULD BE WORN BY THE PRACTITIONER DURING  THE  PROCE-
 DURE; AND
   (I)  A TELEPHONE NUMBER FOR THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT
 IN THE DEPARTMENT AND THE OFFICE OF THE PROFESSIONS IN THE STATE  EDUCA-
 TION  DEPARTMENT,  AT WHICH A PATIENT MAY REPORT ANY MISCONDUCT THAT THE
 PATIENT FEELS MAY HAVE OCCURRED.
   2. THE INFORMATIONAL PAMPHLET SHALL BE MADE AVAILABLE FOR USE BY PRAC-
 TITIONERS. THE INFORMATIONAL PAMPHLET SHALL BE  POSTED  AS  A  PRINTABLE
 FILE ON THE DEPARTMENT'S INTERNET WEBSITE AND MAY ALSO BE MADE AVAILABLE
 FOR ORDER AS A PRINTED DELIVERABLE ON THE DEPARTMENT'S INTERNET WEBSITE.
   3. THE INFORMATIONAL PAMPHLET SHALL BE WRITTEN IN LAYPERSON'S LANGUAGE
 AND SHALL BE MADE AVAILABLE IN ENGLISH AND THE SIX MOST COMMON NON-ENGL-
 ISH  LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY IN
 NEW YORK STATE AS BASED ON THE MOST RECENT CENSUS.
   4. A PRACTITIONER SHALL PROVIDE THE PATIENT THE INFORMATIONAL PAMPHLET
 DEVELOPED PURSUANT TO THIS  SECTION  PRIOR  TO  PERFORMING  LAPAROSCOPIC
 POWER MORCELLATION SURGERY.
   5.  FOR  PURPOSES  OF THIS SECTION, "PRACTITIONER" MEANS A HEALTH CARE
 PROFESSIONAL LICENSED, CERTIFIED, OR OTHERWISE  AUTHORIZED  TO  PRACTICE
 UNDER THE EDUCATION LAW, ACTING WITHIN THE SCOPE OF PRACTICE.
   § 2. This act shall take effect immediately.

co-Sponsors

2023-S2463A - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §2504-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S8893

2023-S2463A - Summary

Directs the department of health to create an informational pamphlet regarding the laparoscopic power morcellation surgery technique.

2023-S2463A - Sponsor Memo

                                 
BILL NUMBER: S2463A

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law, in relation to directing the
department of health to create an informational pamphlet regarding the
laparoscopic power morcellation surgery technique

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to develop an information pamphlet for
patients undergoing surgery with the power morcellation technique.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new § 2504 to the public health law to
myomectomy with the power morcellation technique.

Section 2 of the bill is the effective date.

JUSTIFICATION:

Laparoscopic myomectomy surgery is a surgery intended to remove
fibroids. The power morcellation technique is a surgical technique,
which makes the surgery minimally invasive, shortening the recovery time
for the surgery. Through power morcellation, the fibroid is broken down,
yet an unintended consequence from this technique is the spread of
tissue to other parts of the body.  Because of this, cancerous cells can
spread, infecting the patient with cancerous cells in multiple parts of
the body. The use of the power morcellation technique has been flagged
by the FDA due to its possible endangerment of patients, especially when
a patient is unaware that they may have cancer.

In order to minimize the danger posed by the power morcellation tech-
nique, this piece of legislation seeks to inform patients on the possi-
ble side effects of the power morcellation technique. Patients must be
informed of all effects, techniques, and procedures available to them in
order to get rid of their fibroid(s). If a patient seeks to go through
this surgery, we are requiring a screening for cancer to minimize any
negative effects a patient may have. By informing patients of all
medical side effects and medical care, we hope that patients have the
best care possible and that the negative side effects of the power
morcellation technique are minimized.

 
LEGISLATIVE HISTORY:

2021/2022: referred to health/passed senate

 
FISCAL IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act shall take effect on the one hundredth day after it shall have
become a law. Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.

2023-S2463A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2463--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens. PERSAUD, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Women's Issues --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  public health law, in relation to directing the
   department of health to create an informational pamphlet regarding the
   laparoscopic power morcellation surgery technique
 
   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
 2504-c to read as follows:
   §  2504-C.  INFORMATION  CONCERNING  LAPAROSCOPIC  POWER  MORCELLATION
 SURGERY TECHNIQUE. 1. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR,
 THE  DEPARTMENT  SHALL  DEVELOP  AN  INFORMATIVE  PAMPHLET  FOR PATIENTS
 CONSIDERING GOING THROUGH THE LAPAROSCOPIC  POWER  MORCELLATION  SURGERY
 TECHNIQUE. IN DEVELOPING THE PAMPHLET, THE DEPARTMENT SHALL CONSULT WITH
 STATE PROFESSIONAL SOCIETIES REPRESENTING PHYSICIANS IN GENERAL, OBSTET-
 RICIANS AND GYNECOLOGISTS, FAMILY PRACTICE PHYSICIANS, NURSE PRACTITION-
 ERS,  PHYSICIAN ASSISTANTS AND MIDWIVES. THE PAMPHLET SHALL INCLUDE, BUT
 NOT BE LIMITED TO, INFORMATION CONCERNING:
   (A) WHAT THE LAPAROSCOPIC POWER MORCELLATION SURGERY  IS  DEFINED  AS,
 WHAT THE RISKS AND BENEFITS ARE, AND HOW IT IS PERFORMED;
   (B)  IF  APPLICABLE,  A  DESCRIPTION  OF OTHER RELEVANT PROCEDURES AND
 TECHNIQUES THAT MAY BE APPLICABLE TO THE PATIENT SUCH  AS  THE  HYSTERO-
 SCOPIC MORCELLATION TECHNIQUE;
   (C)  THE  REQUIREMENT  OF SCREENING THE PATIENT FOR CANCERS INCLUDING,
 BUT NOT LIMITED TO: UTERINE MYOMA, ENDOMETRIAL STROMAL SARCOMA (ESS) AND
 LEIOMYOSARCOMA, PRIOR TO UNDERGOING LAPAROSCOPIC SURGERY;
   (D) PRIVACY EXPECTATIONS, INCLUDING THAT PRIVACY  SHOULD  BE  PROVIDED
 FOR  THE  PATIENT BOTH WHEN UNDRESSING AND DRESSING AND THAT A GOWN OR A
 DRAPE SHOULD BE PROVIDED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04480-02-3

 S. 2463--A                          2
 
   (E) IF LAPAROSCOPIC HYSTERECTOMY, WHICH IS A SURGICAL  PROCEDURE  USED
 TO  REMOVE  THE  UTERUS, OR MYOMECTOMY HYSTERECTOMY, WHICH IS A SURGICAL
 PROCEDURE USED TO REMOVE THE FIBROIDS, IS RECOMMENDED, THEN THE PROVIDER
 SHALL INFORM THE PATIENT IF POWER MORCELLATION WILL BE USED AND  WHY  IT
 IS THE BEST OPTION FOR THIS EXACT CASE;
   (F)  AN EXPLANATION OF WHAT THE LAPAROSCOPIC POWER MORCELLATION IS AND
 WHAT IT IS USED FOR;
   (G) EXPLICITLY MENTIONING AND EXPLAINING  THE  POSSIBILITY  THAT  THIS
 PROCEDURE  MAY  SPREAD CANCER CELLS THAT HAVE NOT BEEN DETECTED, INCLUDE
 ALL THE OPTIONS TO TREAT THE CONDITION, INCLUDING THE RISKS AND BENEFITS
 OF EACH OPTION;
   (H) THAT GLOVES SHOULD BE WORN BY THE PRACTITIONER DURING  THE  PROCE-
 DURE; AND
   (I)  A TELEPHONE NUMBER FOR THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT
 IN THE DEPARTMENT AND THE OFFICE OF THE PROFESSIONS IN THE STATE  EDUCA-
 TION  DEPARTMENT,  AT WHICH A PATIENT MAY REPORT ANY MISCONDUCT THAT THE
 PATIENT FEELS MAY HAVE OCCURRED.
   2. THE INFORMATIONAL PAMPHLET SHALL BE MADE AVAILABLE FOR USE BY PRAC-
 TITIONERS. THE INFORMATIONAL PAMPHLET SHALL BE  POSTED  AS  A  PRINTABLE
 FILE ON THE DEPARTMENT'S INTERNET WEBSITE AND MAY ALSO BE MADE AVAILABLE
 FOR ORDER AS A PRINTED DELIVERABLE ON THE DEPARTMENT'S INTERNET WEBSITE.
   3. THE INFORMATIONAL PAMPHLET SHALL BE WRITTEN IN LAYPERSON'S LANGUAGE
 AND SHALL BE MADE AVAILABLE IN ENGLISH AND THE SIX MOST COMMON NON-ENGL-
 ISH  LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY IN
 NEW YORK STATE AS BASED ON THE MOST RECENT CENSUS.
   4. A PRACTITIONER MAY PROVIDE THE PATIENT THE  INFORMATIONAL  PAMPHLET
 DEVELOPED  PURSUANT  TO  THIS  SECTION  PRIOR TO PERFORMING LAPAROSCOPIC
 POWER MORCELLATION SURGERY.
   5. FOR PURPOSES OF THIS SECTION, "PRACTITIONER" MEANS  A  HEALTH  CARE
 PROFESSIONAL  LICENSED,  CERTIFIED,  OR OTHERWISE AUTHORIZED TO PRACTICE
 UNDER THE EDUCATION LAW, ACTING WITHIN THE SCOPE OF PRACTICE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2023-S2463B (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §2504-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S8893

2023-S2463B (ACTIVE) - Summary

Directs the department of health to create an informational pamphlet regarding the laparoscopic power morcellation surgery technique.

2023-S2463B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2463B

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law, in relation to directing the
department of health to create an informational pamphlet regarding the
laparoscopic power morcellation surgery technique

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to develop an information pamphlet for
patients undergoing surgery with the power morcellation technique.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new § 2504 to the public health law to
myomectomy with the power morcellation technique.

Section 2 of the bill sets the effective date.

JUSTIFICATION:

Laparoscopic myomectomy surgery is a surgery intended to remove
fibroids. The power morcellation technique is a surgical technique,
which makes the surgery minimally invasive, shortening the recovery time
for the surgery. Through power morcellation, the fibroid is broken down,
yet an unintended consequence from this technique is the spread of
tissue to other parts of the body. Because of this, cancerous cells can
spread, infecting the patient with cancerous cells in multiple parts of
the body. The use of the power morcellation technique has been flagged
by the FDA due to its possible endangerment of patients, especially when
a patient is unaware that they may have cancer.

In order to minimize the danger posed by the power morcellation tech-
nique, this piece of legislation seeks to inform patients on the possi-
ble side effects of the power morcellation technique. Patients must be
informed of all effects, techniques, and procedures available to them in
order to get rid of their fibroid(s). If a patient seeks to go through
this surgery, we require a screening for cancer to minimize any negative
effects a patient may have. By informing patients of all medical side
effects and medical care, we hope that patients have the best care
possible and that the negative side effects of the power morcellation
technique are minimized.

 
LEGISLATIVE HISTORY:

2021-2022: S8893 - Passed Senate

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundredth day after it shall have
become a law. Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.

2023-S2463B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2463--B
     Cal. No. 931
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens. PERSAUD, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Women's Issues --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee  --  recommitted  to the Committee on
   Women's Issues in accordance with Senate Rule 6, sec.  8  --  reported
   favorably  from  said  committee,  ordered to first report, amended on
   first report, ordered  to  a  second  report  and  ordered  reprinted,
   retaining its place in the order of second report
 
 AN  ACT  to  amend  the  public health law, in relation to directing the
   department of health to create an informational pamphlet regarding the
   laparoscopic power morcellation surgery technique
 
   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
 2504-c to read as follows:
   §  2504-C.  INFORMATION  CONCERNING  LAPAROSCOPIC  POWER  MORCELLATION
 SURGERY TECHNIQUE. 1. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FIVE,
 THE  DEPARTMENT  SHALL  DEVELOP  AN  INFORMATIVE  PAMPHLET  FOR PATIENTS
 CONSIDERING GOING THROUGH THE LAPAROSCOPIC  POWER  MORCELLATION  SURGERY
 TECHNIQUE. IN DEVELOPING THE PAMPHLET, THE DEPARTMENT SHALL CONSULT WITH
 STATE PROFESSIONAL SOCIETIES REPRESENTING PHYSICIANS IN GENERAL, OBSTET-
 RICIANS AND GYNECOLOGISTS, FAMILY PRACTICE PHYSICIANS, NURSE PRACTITION-
 ERS,  PHYSICIAN ASSISTANTS AND MIDWIVES. THE PAMPHLET SHALL INCLUDE, BUT
 NOT BE LIMITED TO, INFORMATION CONCERNING:
   (A) WHAT THE LAPAROSCOPIC POWER MORCELLATION SURGERY  IS  DEFINED  AS,
 WHAT THE RISKS AND BENEFITS ARE, AND HOW IT IS PERFORMED;
   (B)  IF  APPLICABLE,  A  DESCRIPTION  OF OTHER RELEVANT PROCEDURES AND
 TECHNIQUES THAT MAY BE APPLICABLE TO THE PATIENT SUCH  AS  THE  HYSTERO-
 SCOPIC MORCELLATION TECHNIQUE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04480-04-4
 S. 2463--B                          2

 
   (C)  THE  REQUIREMENT  OF SCREENING THE PATIENT FOR CANCERS INCLUDING,
 BUT NOT LIMITED TO: UTERINE MYOMA, ENDOMETRIAL STROMAL SARCOMA (ESS) AND
 LEIOMYOSARCOMA, PRIOR TO UNDERGOING LAPAROSCOPIC SURGERY;
   (D)  PRIVACY  EXPECTATIONS,  INCLUDING THAT PRIVACY SHOULD BE PROVIDED
 FOR THE PATIENT BOTH WHEN UNDRESSING AND DRESSING AND THAT A GOWN  OR  A
 DRAPE SHOULD BE PROVIDED;
   (E)  IF  LAPAROSCOPIC HYSTERECTOMY, WHICH IS A SURGICAL PROCEDURE USED
 TO REMOVE THE UTERUS, OR MYOMECTOMY HYSTERECTOMY, WHICH  IS  A  SURGICAL
 PROCEDURE USED TO REMOVE THE FIBROIDS, IS RECOMMENDED, THEN THE PROVIDER
 SHALL  INFORM  THE PATIENT IF POWER MORCELLATION WILL BE USED AND WHY IT
 IS THE BEST OPTION FOR THIS EXACT CASE;
   (F) AN EXPLANATION OF WHAT THE LAPAROSCOPIC POWER MORCELLATION IS  AND
 WHAT IT IS USED FOR;
   (G)  EXPLICITLY  MENTIONING  AND  EXPLAINING THE POSSIBILITY THAT THIS
 PROCEDURE MAY SPREAD CANCER CELLS THAT HAVE NOT BEEN  DETECTED,  INCLUDE
 ALL THE OPTIONS TO TREAT THE CONDITION, INCLUDING THE RISKS AND BENEFITS
 OF EACH OPTION;
   (H)  THAT  GLOVES SHOULD BE WORN BY THE PRACTITIONER DURING THE PROCE-
 DURE; AND
   (I) A TELEPHONE NUMBER FOR THE OFFICE OF PROFESSIONAL MEDICAL  CONDUCT
 IN  THE DEPARTMENT AND THE OFFICE OF THE PROFESSIONS IN THE STATE EDUCA-
 TION DEPARTMENT, AT WHICH A PATIENT MAY REPORT ANY MISCONDUCT  THAT  THE
 PATIENT FEELS MAY HAVE OCCURRED.
   2. THE INFORMATIONAL PAMPHLET SHALL BE MADE AVAILABLE FOR USE BY PRAC-
 TITIONERS.  THE  INFORMATIONAL  PAMPHLET  SHALL BE POSTED AS A PRINTABLE
 FILE ON THE DEPARTMENT'S INTERNET WEBSITE AND MAY ALSO BE MADE AVAILABLE
 FOR ORDER AS A PRINTED DELIVERABLE ON THE DEPARTMENT'S INTERNET WEBSITE.
   3. THE INFORMATIONAL PAMPHLET SHALL BE WRITTEN IN LAYPERSON'S LANGUAGE
 AND SHALL BE MADE AVAILABLE IN ENGLISH AND THE SIX MOST COMMON NON-ENGL-
 ISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY  IN
 NEW YORK STATE AS BASED ON THE MOST RECENT CENSUS.
   4.  A  PRACTITIONER MAY PROVIDE THE PATIENT THE INFORMATIONAL PAMPHLET
 DEVELOPED PURSUANT TO THIS  SECTION  PRIOR  TO  PERFORMING  LAPAROSCOPIC
 POWER MORCELLATION SURGERY.
   5.  FOR  PURPOSES  OF THIS SECTION, "PRACTITIONER" MEANS A HEALTH CARE
 PROFESSIONAL LICENSED, CERTIFIED, OR OTHERWISE  AUTHORIZED  TO  PRACTICE
 UNDER THE EDUCATION LAW, ACTING WITHIN THE SCOPE OF PRACTICE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S2463A

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Sponsored By

Roxanne J. Persaud

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Leroy Comrie

2023-S2463 - Details

2023-S2463 - Summary

2023-S2463 - Sponsor Memo

2023-S2463 - Bill Text download pdf

co-Sponsors

Leroy Comrie

2023-S2463A - Details

2023-S2463A - Summary

2023-S2463A - Sponsor Memo

2023-S2463A - Bill Text download pdf

co-Sponsors

Leroy Comrie

Lea Webb

2023-S2463B (ACTIVE) - Details

2023-S2463B (ACTIVE) - Summary

2023-S2463B (ACTIVE) - Sponsor Memo

2023-S2463B (ACTIVE) - Bill Text download pdf

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