N.Y. PBH Law § 2803-J — New York Code / Act PBH / Article 28 / Section 2803-J
Information for maternity patients
Status: in_force

* § 2803-j. Information for maternity patients. 1. The commissioner\nshall require that every hospital and birth center shall prepare in\nprinted or photocopied form and distribute at the time of pre-booking\ndirectly to each prospective maternity patient and, upon request, to the\ngeneral public an informational leaflet. Such leaflet shall be designed\nby the commissioner and shall contain brief definitions of maternity\nrelated procedures and practices as specified in subdivision two of this\nsection and such other material as deemed appropriate by the\ncommissioner. Hospitals and birth centers may also elect to distribute\nadditional explanatory material along with the maternity patients\ninformational leaflet. The commissioner shall make the information\ncontained in the leaflet available on the department's website and shall\npresent all annual statistical information compiled pursuant to\nsubdivision three of this section on the department's website for the\nmost recent five years for which such data is available.\n  1-a. The informational leaflet shall also include an explanation of\nthe special provisions relating to maternity care and coverage under the\ninsurance law and section twenty-eight hundred three-n of this article,\nand suggest that expectant parents check their insurance policies for\nthe details of their maternity coverage.\n  1-b. The informational leaflet shall also include information relating\nto the physical and mental health of the maternity patient after\ndischarge from the hospital, including, but not limited to, information\nabout maternal depression. The commissioner, in collaboration with the\ncommissioner of mental health, shall review and update the information\non maternal depression contained in the leaflet, as necessary. The\ninformational leaflets shall be made available to patients in the top\nsix languages spoken in the state, other than English, according to the\nlatest available data from the United States Census Bureau.\n  1-c. The informational leaflet shall also include a description of the\ndangers of shaking infants and young children. The description shall\ninclude information on the effects of shaking infants and young\nchildren, appropriate ways to manage the causes of shaking infants and\nyoung children, and discussion on how to reduce the risks of shaking\ninfants and young children.\n  1-d. The informational leaflet shall also include the recommendations\nfrom the American Academy of Pediatrics relating to safe sleep,\nincluding sleep space and sleep position, and discussion on how to\nreduce the risk of infant death through safe sleep practices. The\ninformation described in this subdivision may take the form of a video\nin lieu of a leaflet.\n  2. Such leaflet shall also include statistics relating to the annual\npercentage of maternity related procedures performed at such hospital or\nbirth center, as provided by the commissioner, including but not limited\nto the following:\n  (a) the annual rate of cesarean sections, primary, repeat and total,\nperformed at such facility;\n  (b) the annual percentage of women with previous cesarean sections who\nhave had a subsequent successful vaginal birth;\n  (c) the annual percentage of deliveries by midwives;\n  (d) the annual percentage of births utilizing electronic fetal\nmonitoring listed on the basis of external and internal;\n  (e) the annual percentage of births utilizing forceps, listed on the\nbasis of low forceps delivery and mid forceps delivery;\n  (f) the annual percentage of breech births delivered vaginally;\n  (g) the annual percentage of births utilizing analgesia;\n  (h) the annual percentage of births utilizing anesthesia including\ngeneral, spinal, epidural, and paracervical listed on the basis of\nvaginal and cesarean births;\n  (i) the annual percentage of births utilizing induction of labor;\n  (j) the annual percentage of births utilizing augmentation of labor;\n  (k) the annual percentage of vaginal births utilizing episiotomies;\n  (l) whether birthing rooms are available for use in the facility;\n  (m) whether rooming-in is available in the facility, on the basis of\ntwenty-four hours a day or daytime;\n  (n) whether the facility conducts safety drills to prepare for\nobstetric emergencies;\n  (o) whether the facility participates in quality improvement\ninitiatives;\n  (p) whether the facility has an agreement and policy to arrange for\nemergent transfer of care for critically ill pregnant people/infants to\nhigher levels of care (applicable only for those facilities that are not\nthe designated regional perinatal center or a quaternary or tertiary\ncare center with Level III-IV NICU);\n  (q) whether the facility has a written community needs assessment plan\nto reduce racial disparities and address community needs;\n  (r) whether the facility offers, upon patient request, an autopsy for\nstillbirth; and\n  (s) whether the facility offers bereavement support for patients that\nhave suffered a stillbirth or third trimester fetal loss.\n  3. Compilation of the statistics set out in subdivision two of this\nsection shall be the responsibility of the commissioner.\n  4. Statistical information shall be presented in the most recent one\nyear aggregate.\n  5. (a) The commissioner shall establish an immunization schedule for\nnewborn children. The immunization schedule shall chart out recommended\nimmunizations against certain diseases and illnesses and age-appropriate\ntimes for the administration of each immunization. The immunization\nschedule shall also include information on the importance of getting\nchildren immunized at the recommended ages. The immunization schedule\nshall also include the toll-free telephone number operated by the\ndepartment as part of its immunization education efforts. The\nimmunization schedule shall be in accordance with recommendations\nestablished by the New York state department of health.\n  (b) The commissioner shall provide the immunization schedule to the\nlocal registrars for distribution pursuant to paragraph (b) of\nsubdivision one of section four thousand one hundred thirty-seven of\nthis chapter.\n  6. Every hospital and birth center shall request that a parent and/or\nparents, which shall mean and include biological and adoptive parents,\nguardians, or other persons in parental relationship to a newborn child,\nif available, view (a) a video presentation, approved by the\ncommissioner, on the dangers of shaking infants and young children, and\nthe symptoms of shaken baby syndrome, and (b) a video presentation,\napproved by the commissioner, on the dangers of drowning for infants and\nyoung children. After viewing such video presentations or upon refusal\nto view such video presentations, the hospital or birth center shall\nrequest that such parent and/or parents sign a form stating that they\nhave viewed or refused to view such video presentations. All training\nmaterials and forms required to implement the provisions of this\nsubdivision shall be provided by the commissioner.\n  * NB There are 2 § 2803-j's\n