New York Public Health Code § 2500

Maternal and child health; duties of commissioner
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§ 2500. Maternal and child health; duties of commissioner. 1. The\ncommissioner shall act in an advisory and supervisory capacity, in\nmatters pertaining to the safeguarding of motherhood, the prevention of\nmaternal, perinatal, infant and child mortality, the prevention of\ndiseases, low birth weight, childhood obesity, and defects of childhood\nand the promotion of maternal, prenatal and child health, including care\nin hospitals, and shall administer such services bearing on the health\nof mothers and children for which funds are or shall hereafter be made\navailable.\n  2. The commissioner shall establish minimum standards in accordance\nwith established and accepted medical principles for local maternal and\nchild health services administered by or under the general supervision\nof the commissioner.\n  3. a. The commissioner shall, in conjunction with hospitals,\nobstetricians, midwives, doulas, maternal health care provider\norganizations; mental health care provider organizations; and any\nadditional stakeholders that the commissioner deems necessary, evaluate\nand make recommendations related to the development of maternal health\ncare and birthing best practices which support each patient receiving\nthe highest quality of care. These recommendations shall include, but\nnot be limited to, best practices for every patient to receive:\n  (i) fair, courteous and respectful culturally competent care free of\ndiscrimination;\n  (ii) accurate and judgment-free advice and recommendations that allow\nfor informed decision making and consent regarding care and treatment,\nincluding risks, benefits, outcomes and alternative procedures;\n  (iii) clear, concise and easily understood information about their\ncare and treatment outcomes, medical team and birthing options, the\npolicies and procedures of the hospital or birthing center, and\nresources available to them;\n  (iv) an opportunity to discuss their birthing preferences with their\ncare team and have such preferences documented; and\n  (v) adequate support during their pregnancy, labor and childbirth,\nincluding access to doula and mental health services.\n  b. No later than one year after the effective date of this subdivision\nthe commissioner shall publish such recommendations on the department of\nhealth's website and update all relevant materials provided to the\npublic through the department to reflect these standards. Such\nrecommendations shall be updated at least once after publishing and as\nnecessary thereafter.\n  4. In conjunction with the state department having general\nsupervision, the commissioner may make or may cause to be made\ninvestigation of the conditions affecting the health of children in\ninstitutions for day care or domiciliary care. If he shall find any\nconditions detrimental to health in such institutions, he shall make and\nreport recommendations thereon to the appropriate state department.\n  5. The commissioner shall cooperate with other state departments\nhaving jurisdiction over matters affecting the health of mothers and\nchildren, to the end that existing activities may be coordinated and\nduplication of effort avoided. He shall cooperate with and stimulate\nlocal agencies, public and private, in promoting such measures and\nundertakings as may be designed to accomplish the purposes of this\nsection.\n

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