STATE OF NEW YORK ________________________________________________________________________ 318--A Cal. No. 5 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. PAULIN, GOTTFRIED, GALEF, ARROYO, BARRON, BLAKE, DICKENS, D'URSO, COLTON, COOK, EPSTEIN, SEAWRIGHT, TAYLOR, WOERNER, McDONOUGH, JEAN-PIERRE, FERNANDEZ, WALKER, HYNDMAN, WRIGHT, BUTTENS- CHON, SIMOTAS, JACOBSON, GRIFFIN -- Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the Committee on Health -- advanced to a third reading, passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the public health law, in relation to informing materni- ty patients about the risks associated with cesarean section The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2500-l to read as follows: 3 § 2500-l. Duty of providers of primary cesarean section maternity 4 services to inform. 1. (a) Every maternal health care provider shall 5 provide the written communication established in subdivision two of this 6 section prior to delivery to each pregnant woman for whom a cesarean 7 section delivery is planned. 8 (b) Every maternal health care provider who performs a cesarean 9 section which was not planned prenatally shall provide the written 10 communication established in subdivision two of this section to the 11 patient following delivery. 12 (c) As used in this section: "maternal health care provider" or 13 "provider" shall mean a physician, midwife, nurse practitioner, or 14 physician assistant, acting within his or her scope of practice, manag- 15 ing the pregnancy of a pregnant woman. 16 2. (a) The commissioner shall develop a written communication or 17 communications for maternal health care providers to distribute to 18 maternity patients as required in subdivision one of this section, which EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01662-04-9

A. 318--A 2 1 contains information about cesarean section delivery. The commissioner 2 shall consult with appropriate health care professionals, providers, 3 consumers, educators and patients or organizations representing them, 4 including but not limited to the American College of Obstetricians and 5 Gynecologists and the New York State Association of Licensed Midwives to 6 develop such written communication or communications. 7 (b) Such written communication or communications shall include, but 8 not be limited to information on: 9 i. potential maternal injuries associated with cesarean delivery; and 10 ii. potential risks to the fetus; and 11 iii. the impact a cesarean delivery may have on future pregnancies and 12 deliveries; and 13 iv. circumstances in which cesarean delivery may be necessary to save 14 the life of the mother or fetus. 15 (c) The commissioner shall ensure that all information included in the 16 written communication or communications are maintained and updated to 17 reflect current clinical guidelines. 18 § 2. This act shall take effect on the one hundred eightieth day after 19 it shall have become a law. Effective immediately, the department of 20 health may make regulations and take other actions necessary for the 21 timely implementation of this act on its effective date.