2021 New York Laws
PBH - Public Health
Article 28 - Hospitals
2803-J - Information for Maternity Patients.

* §   2803-j.   Information   for  maternity  patients.     ** 1.  The
commissioner shall require that every hospital and  birth  center  shall
prepare  in  printed  or  photocopied form and distribute at the time of
pre-booking directly to each prospective  maternity  patient  and,  upon
request,  to  the  general public an informational leaflet. Such leaflet
shall  be  designed  by  the  commissioner  and  shall   contain   brief
definitions  of  maternity related procedures and practices as specified
in subdivision two of this section and such  other  material  as  deemed
appropriate  by  the  commissioner. Hospitals and birth centers may also
elect to distribute  additional  explanatory  material  along  with  the
maternity  patients  informational  leaflet. The commissioner shall make
the information contained in the leaflet available on  the  department's
website.
  ** NB Effective until December 22, 2021
  ** 1.  The  commissioner  shall  require that every hospital and birth
center shall prepare in printed or photocopied form  and  distribute  at
the  time  of pre-booking directly to each prospective maternity patient
and, upon request, to the general public an informational leaflet.  Such
leaflet  shall  be  designed by the commissioner and shall contain brief
definitions of maternity related procedures and practices  as  specified
in  subdivision  two  of  this section and such other material as deemed
appropriate by the commissioner. Hospitals and birth  centers  may  also
elect  to  distribute  additional  explanatory  material  along with the
maternity patients informational leaflet. The  commissioner  shall  make
the  information  contained in the leaflet available on the department's
website.
  ** NB Effective December 22, 2021
  ** 1-a. The informational leaflet shall also include an explanation of
the special provisions relating to maternity care and coverage under the
insurance law and section two thousand eight  hundred  three-n  of  this
chapter,  and  suggest  that  expectant  parents  check  their insurance
policies for the details of their maternity coverage.
  ** NB Effective until December 22, 2021
  ** 1-a. The informational leaflet shall also include an explanation of
the special provisions relating to maternity care and coverage under the
insurance law and section twenty-eight hundred three-n of this  article,
and  suggest  that  expectant parents check their insurance policies for
the details of their maternity coverage.
  ** NB Effective December 22, 2021
  1-b. The informational leaflet shall also include information relating
to the physical  and  mental  health  of  the  maternity  patient  after
discharge  from the hospital, including, but not limited to, information
about maternal depression. The commissioner, in collaboration  with  the
commissioner  of  mental health, shall review and update the information
on maternal depression contained  in  the  leaflet,  as  necessary.  The
informational  leaflets  shall  be made available to patients in the top
six languages spoken in the state, other than English, according to  the
latest available data from the United States Census Bureau.
  1-c. The informational leaflet shall also include a description of the
dangers  of  shaking  infants  and young children. The description shall
include  information  on  the  effects  of  shaking  infants  and  young
children,  appropriate  ways to manage the causes of shaking infants and
young children, and discussion on how to reduce  the  risks  of  shaking
infants and young children.
  1-d.  The informational leaflet shall also include the recommendations
from  the  American  Academy  of  Pediatrics  relating  to  safe  sleep,
including  sleep  space  and  sleep  position,  and discussion on how to
reduce the risk of  infant  death  through  safe  sleep  practices.  The

information  described  in this subdivision may take the form of a video
in lieu of a leaflet.
  ** 1-f.  The  informational  leaflet  shall  also  include information
relating to pre-term  labor  and  premature  birth,  including  but  not
limited  to definitions and information on the risks that pre-term labor
and premature birth pose to the expectant mother and fetus.
  ** NB Effective and Repealed December 22, 2021
  2. Such leaflet shall also include statistics relating to  the  annual
percentage of maternity related procedures performed at such hospital or
birth center, as provided by the commissioner, including but not limited
to the following:

(a) the annual rate of cesarean sections, primary, repeat and total, performed at such facility;

(b) the annual percentage of women with previous cesarean sections who have had a subsequent successful vaginal birth;

(c) the annual percentage of deliveries by midwives;

(d) the annual percentage of births utilizing electronic fetal monitoring listed on the basis of external and internal;

(e) the annual percentage of births utilizing forceps, listed on the basis of low forceps delivery and mid forceps delivery;

(f) the annual percentage of breech births delivered vaginally;

(g) the annual percentage of births utilizing analgesia;

(h) the annual percentage of births utilizing anesthesia including general, spinal, epidural, and paracervical listed on the basis of vaginal and cesarean births;

(i) the annual percentage of births utilizing induction of labor;

(j) the annual percentage of births utilizing augmentation of labor;

(k) the annual percentage of vaginal births utilizing episiotomies;

(l) whether birthing rooms are available for use in the facility;

(m) whether rooming-in is available in the facility, on the basis of twenty-four hours a day or daytime. 3. Compilation of the statistics set out in subdivision two of this section shall be the responsibility of the commissioner. 4. Statistical information shall be presented in the most recent one year aggregate. 5. (a) The commissioner shall establish an immunization schedule for newborn children. The immunization schedule shall chart out recommended immunizations against certain diseases and illnesses and age-appropriate times for the administration of each immunization. The immunization schedule shall also include information on the importance of getting children immunized at the recommended ages. The immunization schedule shall also include the toll-free telephone number operated by the department as part of its immunization education efforts. The immunization schedule shall be in accordance with recommendations established by the New York state department of health and the immunization practices advisory committee of the United States department of health and human services.

(b) The commissioner shall provide the immunization schedule to the local registrars for distribution pursuant to paragraph (b) of subdivision one of section four thousand one hundred thirty-seven of this chapter. 6. Every hospital and birth center shall request that each maternity patient and father of a newborn child, if available, view a video presentation, approved by the commissioner, on the dangers of shaking infants and young children, and the symptoms of shaken baby syndrome. After viewing such a video presentation or upon refusal to view such a video presentation, the hospital or birth center shall request that such patient and/or father sign a form stating that they have viewed or refused to view such video presentation. All training materials and forms required to implement the provisions of this subdivision shall be provided by the commissioner. * NB There are 2 § 2803-j's

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