New York Senate Bill S02463 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2463--A 2023-2024 Regular Sessions  IN SENATE 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: 1 Section 1. The public health law is amended by adding a new section 2 2504-c to read as follows: 3 § 2504-c. Information concerning laparoscopic power morcellation 4 surgery technique. 1. On or before July first, two thousand twenty-four, 5 the department shall develop an informative pamphlet for patients 6 considering going through the laparoscopic power morcellation surgery 7 technique. In developing the pamphlet, the department shall consult with 8 state professional societies representing physicians in general, obstet- 9 ricians and gynecologists, family practice physicians, nurse practition- 10 ers, physician assistants and midwives. The pamphlet shall include, but 11 not be limited to, information concerning: 12 (a) What the laparoscopic power morcellation surgery is defined as, 13 what the risks and benefits are, and how it is performed; 14 (b) If applicable, a description of other relevant procedures and 15 techniques that may be applicable to the patient such as the hystero- 16 scopic morcellation technique; 17 (c) The requirement of screening the patient for cancers including, 18 but not limited to: uterine myoma, endometrial stromal sarcoma (ESS) and 19 leiomyosarcoma, prior to undergoing laparoscopic surgery; 20 (d) Privacy expectations, including that privacy should be provided 21 for the patient both when undressing and dressing and that a gown or a 22 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 1 (e) If laparoscopic hysterectomy, which is a surgical procedure used 2 to remove the uterus, or myomectomy hysterectomy, which is a surgical 3 procedure used to remove the fibroids, is recommended, then the provider 4 shall inform the patient if power morcellation will be used and why it 5 is the best option for this exact case; 6 (f) An explanation of what the laparoscopic power morcellation is and 7 what it is used for; 8 (g) Explicitly mentioning and explaining the possibility that this 9 procedure may spread cancer cells that have not been detected, include 10 all the options to treat the condition, including the risks and benefits 11 of each option; 12 (h) That gloves should be worn by the practitioner during the proce- 13 dure; and 14 (i) A telephone number for the office of professional medical conduct 15 in the department and the office of the professions in the state educa- 16 tion department, at which a patient may report any misconduct that the 17 patient feels may have occurred. 18 2. The informational pamphlet shall be made available for use by prac- 19 titioners. The informational pamphlet shall be posted as a printable 20 file on the department's internet website and may also be made available 21 for order as a printed deliverable on the department's internet website. 22 3. The informational pamphlet shall be written in layperson's language 23 and shall be made available in English and the six most common non-Engl- 24 ish languages spoken by individuals with limited English proficiency in 25 New York state as based on the most recent census. 26 4. A practitioner may provide the patient the informational pamphlet 27 developed pursuant to this section prior to performing laparoscopic 28 power morcellation surgery. 29 5. For purposes of this section, "practitioner" means a health care 30 professional licensed, certified, or otherwise authorized to practice 31 under the education law, acting within the scope of practice. 32 § 2. This act shall take effect on the ninetieth day after it shall 33 have become a law.