S T A T E O F N E W Y O R K
________________________________________________________________________
7702
2023-2024 Regular Sessions
I N S E N A T E
October 13, 2023
___________
Introduced by Sen. WEBB -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 7702 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.
S. 7702 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.
