NYS eye ointment & vit K law ?

[jenmk]

Okay, so this is related to another thread in asking about if can refuse these . . . but since I'm in a different state, and you all are experts on knowing or finding the info, another thread seemed apropos.

I was just reading through my hospital's birthing info and read that the eye ointment and vit K are "required by NYS law and cannot be refused by the parents." It does not say that I have to consent to them anywhere, but I'm wondering if I do have to give my consent. And if my consent is required before they can administer them, then how is it possible that I cannot refuse?

Related to this is the PKU screening, which I've read is more accurate when done a few days after baby has been nursing. I've never spent more than 24 hrs in the hospital, and assuming all goes well, that'll be the same this time. The hospital info states this is also something that's required by law and cannot be refused. But does anyone know if I can postpone this for a couple of days to be assured a more accurate test (and possibly avoid having it done twice)? I'm not opposed to dong the screening, I feel it's very important, but I'd like to make sure it's done at the appropriate time, rather than on discharge.

[Emmeline II]

I would find out the law the hospital is referencing and read it. If the hospital's policy conflicts with the law I would make several copies, make sure your dh has one (and stays with the baby at all times), and staple it to your birth plan. One thing that I learned in the military is that you always want to check the "reg"; people's memories and motives have a way of distorting the facts.

[jenmk]

So, I've been searching online to find the law and am coming up with nothing. Anybody have any ideas for helping my search? Or a link?

[LongIsland]

Originally Posted by jenmk

Related to this is the PKU screening, which I've read is more accurate when done a few days after baby has been nursing. I've never spent more than 24 hrs in the hospital, and assuming all goes well, that'll be the same this time. The hospital info states this is also something that's required by law and cannot be refused. But does anyone know if I can postpone this for a couple of days to be assured a more accurate test (and possibly avoid having it done twice)? I'm not opposed to dong the screening, I feel it's very important, but I'd like to make sure it's done at the appropriate time, rather than on discharge.

NYS Dept. of Health (newborn screening religious exemption): http://www.wadsworth.org/newborn/law.htm

There is a sample declination form somewhere - I'll post it when I find the link. If you don't plan on getting the testing done before you left the hospital, then you would have to decline the testing and sign the declination of services form.

Here's the DOH guideline for the testing, including the refusal form (page 15). This doc contains everything you would need to know about the testing, including all the forms: http://www.wadsworth.org/newborn/guideappendices.pdf

[LongIsland]

Originally Posted by jenmk

I was just reading through my hospital's birthing info and read that the eye ointment and vit K are "required by NYS law and cannot be refused by the parents."

While consent is not required, you can certainly refuse any medical treatment . . . but I suggest you play the "religion card."

If you don't want these procedures, you need to speak with your doctor and tell the doc you are religiously opposed to these procedures so that he "has your back" so to speak and it doesn't come as a surprise on the day of delivery and you don't have people in your room trying to convince you to do it.

You will also need to give the staff a "religious exemption" letter (keep several on hand) and make sure you verbally tell EVERYONE IN THE ROOM that you oppose these procedures. Depending on the hospital, they may have pre-printed refusal forms. Make sure you (or DH) sound confident, friendly and composed when you inform those in the room.

ALSO, you will need to make up signs (I did it on red paper) and bring tape with you. Your DH can put the following text on these signs (one for each side of the bassinet):

NO HEPATITIS B VACCINE
NO VITAMIN K SHOT
NO EYE OINTMENT

PARENTS RELIGIOUSLY OPPOSED TO THESE PROCEDURES

And most important - make sure someone is with the baby as soon he/she comes out.

[Mavournin]

I think it is very hard to decline Vit. K and eye ointment in NY. When my Dd was born we were told not to bother trying because it would only prompt a CPS call.

Could be bull, but this was from my childbirth educator at the (now defunct) birthing center. She said the only way around it in NY was to have a homebirth and a midwife willing to physically pass the ointment tube and vit k to the parent, write on her chart "ointment & vit k given" (or something like that, I'm fuzzy on the exact language) and then have the parents pass them back. Or a UC I guess. Then there is no one in the way.

[LongIsland]

Originally Posted by Mavournin

I think it is very hard to decline Vit. K and eye ointment in NY. When my Dd was born we were told not to bother trying because it would only prompt a CPS call.

It's hard if you don't play the religion card. We had no problems, although my OB did try hard to get me to reconsider. He kept trying to convince me that my body was full of bacteria

Religion is the way in NY - there's even a religious exemption on the books for infants born to Hep. B positive mothers. As long as you have an exemption, CPS cannot be called if you refuse the Hep. B for the baby. I'll post the link in a sec.

[LongIsland]

continued . . .


SUBPART 69-3
Pregnant Women, Testing for Hepatitis B, Follow-up Care
(Statutory authority: Public Health Law, Section 2500-a)

69-3.7 Responsibilities of the parent or legal guardian. The parent or guardian of any child born to a woman with a positive HBsAg test result shall have administered to such child immunizing doses of hepatitis B immune globulin and hepatitis B vaccine at birth as well as follow-up doses of hepatitis B vaccine.

69-3.10 Religious exemption from immunization. The provisions of this Subpart regarding immunizations shall not apply in the case of any child whose parent or legal guardian holds genuine and sincere religious beliefs which prohibit immunization and who notifies the person charged with administering such immunization of the religious objection hereto. The health care provider attending the child shall document the religious objection exemption in the child's medical record, including a statement signed by the parents or legal guardian stating that they hold genuine and sincere religious beliefs which prohibit immunization and that they acknowledge that they have been informed about the risk to the child's health by withholding hepatitis B immunization.

69-3.11 Failure to obtain required immunization. Barring a valid medical contraindication or religious exemption from hepatitis B immunization, if the parent or legal guardian of a child born to a woman with a positive HBsAg test result is unwilling to have the infant immunized, the health care provider attending the child, or the local health officer if vaccine is to be administered under section 3.8 of this Subpart, shall make a report of suspected child abuse or maltreatment (See Section 415 of the Social Services Law).

[jenmk]

Thanks so much, LongIsland!!

I am going to talk with my doc about the ointment and Vit K . . . see if I can get the oral Vit K instead. I do not have HepB so declining that won't be a problem. And since I'm free from all veneral diseases, seems as if the ointment really isn't necessary either.

[pumpkinsmama]

I may have my facts mixed up, but I believe that there is no "approved" oral vit k for babies, or it has never undergone testing. Something you might want to check out. Sorry if I got it confused with something else.

[Mavournin]

Ah okay. Thanks LI, good to know.

[jenmk]

Originally Posted by pumpkinsmama

I may have my facts mixed up, but I believe that there is no "approved" oral vit k for babies, or it has never undergone testing. Something you might want to check out. Sorry if I got it confused with something else.

Yeah, I've read that . . . no oral vit K has been approved by the FDA. But aren't they the ones that approve vaxes? And herbals or homepathic stuff isn't FDA approved.

I'm not opposed to upping babe's vit K, and maybe my doc will be satisfied if I up my own and babe gets it through breastmilk. But I am opposed to the shot (which my two other kids got and did fine with . . . but I'm much more informed now, and don't really want to take any chances on my children's lives).

I know vit K is especially recommended for babes of moms who are on anticoagulants during pg (which I am). Which befuddles me a bit since the Lovenox I'm taking doesn't cross the placenta . . . so how could my babe be more at risk for not clotting than any other babe?

However, as I said, I'm fine with getting extra vit K into the little guy, just wanting an alternative to the shot.