A 1039: Establishes a duty to inform certain patients about the risks associated with cesarean section for patients undergoing a planned or unplanned primary cesarean section.

  
  STATE OF NEW YORK ________________________________________________________________________ 1039 2025-2026 Regular Sessions  IN ASSEMBLY January 8, 2025 ___________ Introduced by M. of A. PAULIN, GONZALEZ-ROJAS, SEAWRIGHT, SIMON, BICHOTTE HERMELYN, CLARK, LEVENBERG, EPSTEIN, JACOBSON, ZACCARO, SANTABARBARA, OTIS -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to the duty to inform certain patients about the risks associated with cesarean section for patients undergoing a primary cesarean section and to inform certain patients about the reason for performing primary cesarean section delivery 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-n to read as follows: 3 § 2500-n. Duty of providers of primary cesarean section services to 4 inform. 1. The commissioner shall require that every health care provid- 5 er, defined as any physician, midwife, nurse practitioner, or physician 6 assistant, or other health care practitioner acting within such practi- 7 tioner's lawful scope of practice attending a pregnant person, to 8 provide written communication to each pregnant person for whom a primary 9 cesarean section delivery, defined as first lifetime delivery via cesa- 10 rean section, is recommended as a planned cesarean section delivery 11 based on medical necessity, that the primary cesarean section is recom- 12 mended and to provide the justification for the primary cesarean section 13 prior to the delivery. 14 2. In the event that a primary cesarean section is not deemed 15 medically necessary by the provider but the patient requests a planned 16 cesarean section delivery, the commissioner shall require that the 17 health care provider provide written communication to the pregnant 18 person requesting the primary cesarean section indicating that the 19 primary cesarean section is not medically necessary and to explain the 20 risks associated with the cesarean section prior to the delivery. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00513-01-5 
 A. 1039 2 1 3. In the event that the primary cesarean section is not planned 2 prenatally, the commissioner shall require that the health care provider 3 who performed the cesarean section provide communication in writing to 4 each person who delivered via primary cesarean section the reason for 5 the unplanned cesarean section after the delivery. 6 4. The provider shall provide communication to the patient with a 7 planned cesarean section that shall include, but not be limited to, the 8 following information, in the summary of the report sent to the patient: 9 "Cesarean birth can be life-saving for the fetus, the birthing parent, 10 or both in some cases. However, potential injuries to the birthing 11 parent associated with cesarean delivery include but are not limited to: 12 heavy blood loss that results in hysterectomy or a blood transfusion, 13 ruptured uterus, injury to other organs including the bladder, and other 14 complications from a major surgery. Cesarean delivery also carries high- 15 er risk of infant injury and can result in situations requiring the 16 neonatal intensive care unit (NICU). After a cesarean delivery, future 17 vaginal deliveries may be risky. Because of this, cesarean delivery may 18 be recommended in the future. However, vaginal birth after cesarean 19 (VBAC) may be possible, depending upon your health characteristics. In 20 future pregnancies, there is risk of the cesarean section scar breaking 21 during pregnancy or labor (uterine rupture). Additionally, people's risk 22 of developing placenta previa or accrete in future pregnancies is higher 23 after cesarean deliveries than vaginal births. Speak to your health care 24 provider about your options and any questions you may have." 25 5. The provider shall provide communication to the patient with an 26 unplanned cesarean section that shall include, but not be limited to, 27 the following information, in the summary of the report sent to the 28 patient: 29 "Your most recent delivery was via cesarean section. Cesarean delivery 30 can be life-saving for the fetus, the birthing parent , or both in some 31 cases. After a cesarean delivery, future vaginal deliveries may be 32 risky. Because of this, cesarean delivery may be recommended in the 33 future. However, vaginal birth after cesarean (VBAC) may be possible, 34 depending upon your health characteristics. In future pregnancies, there 35 is risk of the cesarean section scar breaking during pregnancy or labor 36 (uterine rupture). Additionally, people's risk of developing placenta 37 previa or accrete in future pregnancies is higher after cesarean deliv- 38 eries than vaginal births. Speak to your health care provider about your 39 options and any questions you may have." 40 § 2. This act shall take effect on the one hundred eightieth day after 41 it shall have become a law. Effective immediately, the department of 42 health may promulgate any rule or regulation necessary for the timely 43 implementation of this act on its effective date.