Bill Text: NY S08893 | 2021-2022 | General Assembly | Introduced

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Bill Title: Directs the department of health to create an informational pamphlet regarding the laparoscopic power morcellation surgery technique.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-06-01 - referred to health [S08893 Detail]

Download: New_York-2021-S08893-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8893

                    IN SENATE

                                     April 27, 2022
                                       ___________

        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Women's Issues

        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-
     5  three, 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;
    23    (e)  If  laparoscopic hysterectomy, which is a surgical procedure used
    24  to remove the uterus, or myomectomy hysterectomy, which  is  a  surgical
    25  procedure used to remove the fibroids, is recommended, then the provider
    26  shall  inform  the patient if power morcellation will be used and why it
    27  is the best option for this exact case;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15250-01-2
        S. 8893                             2

     1    (f) An explanation of what the laparoscopic power morcellation is  and
     2  what it is used for;
     3    (g)  Explicitly  mentioning  and  explaining the possibility that this
     4  procedure may spread cancer cells that have not been  detected,  include
     5  all the options to treat the condition, including the risks and benefits
     6  of each option;
     7    (h)  That  gloves should be worn by the practitioner during the proce-
     8  dure; and
     9    (i) A telephone number for the office of professional medical  conduct
    10  in  the department and the office of the professions in the state educa-
    11  tion department, at which a patient may report any misconduct  that  the
    12  patient feels may have occurred.
    13    2. The informational pamphlet shall be made available for use by prac-
    14  titioners.  The  informational  pamphlet  shall be posted as a printable
    15  file on the department's internet website and may also be made available
    16  for order as a printed deliverable on the department's internet website.
    17    3. The informational pamphlet shall be written in layperson's language
    18  and shall be made available in English and the six most common non-Engl-
    19  ish languages spoken by individuals with limited English proficiency  in
    20  New York state as based on the most recent census.
    21    4. A practitioner shall provide the patient the informational pamphlet
    22  developed  pursuant  to  this  section  prior to performing laparoscopic
    23  power morcellation surgery.
    24    5. For purposes of this section, "practitioner" means  a  health  care
    25  professional  licensed,  certified,  or otherwise authorized to practice
    26  under the education law, acting within the scope of practice.
    27    § 2. This act shall take effect immediately.