N.Y. Public Health Law § 2500: Maternal and child health; duties of commissioner

§ 2500. Maternal and child health; duties of commissioner. 1. The

commissioner shall act in an advisory and supervisory capacity, in

matters pertaining to the safeguarding of motherhood, the prevention of

maternal, perinatal, infant and child mortality, the prevention of

diseases, low birth weight, childhood obesity, and defects of childhood

and the promotion of maternal, prenatal and child health, including care

in hospitals, and shall administer such services bearing on the health

of mothers and children for which funds are or shall hereafter be made

available.

2. The commissioner shall establish minimum standards in accordance

with established and accepted medical principles for local maternal and

child health services administered by or under the general supervision

of the commissioner.

3. a. The commissioner shall, in conjunction with hospitals,

obstetricians, midwives, doulas, maternal health care provider

organizations; mental health care provider organizations; and any

additional stakeholders that the commissioner deems necessary, evaluate

and make recommendations related to the development of maternal health

care and birthing best practices which support each patient receiving

the highest quality of care. These recommendations shall include, but

not be limited to, best practices for every patient to receive:

(i) fair, courteous and respectful culturally competent care free of

discrimination;

(ii) accurate and judgment-free advice and recommendations that allow

for informed decision making and consent regarding care and treatment,

including risks, benefits, outcomes and alternative procedures;

(iii) clear, concise and easily understood information about their

care and treatment outcomes, medical team and birthing options, the

policies and procedures of the hospital or birthing center, and

resources available to them;

(iv) an opportunity to discuss their birthing preferences with their

care team and have such preferences documented; and

(v) adequate support during their pregnancy, labor and childbirth,

including access to doula and mental health services.

b. No later than one year after the effective date of this subdivision

the commissioner shall publish such recommendations on the department of

health's website and update all relevant materials provided to the

public through the department to reflect these standards. Such

recommendations shall be updated at least once after publishing and as

necessary thereafter.

4. In conjunction with the state department having general

supervision, the commissioner may make or may cause to be made

investigation of the conditions affecting the health of children in

institutions for day care or domiciliary care. If he shall find any

conditions detrimental to health in such institutions, he shall make and

report recommendations thereon to the appropriate state department.

5. The commissioner shall cooperate with other state departments

having jurisdiction over matters affecting the health of mothers and

children, to the end that existing activities may be coordinated and

duplication of effort avoided. He shall cooperate with and stimulate

local agencies, public and private, in promoting such measures and

undertakings as may be designed to accomplish the purposes of this

section.