senate Bill S3111B

Signed by Governor

Relates to establishing a certificate of still birth

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 08 / Feb / 2011
    • REFERRED TO HEALTH
  • 29 / Mar / 2011
    • 1ST REPORT CAL.279
  • 30 / Mar / 2011
    • 2ND REPORT CAL.
  • 31 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 16 / May / 2011
    • PASSED SENATE
  • 16 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / May / 2011
    • REFERRED TO HEALTH
  • 06 / Jun / 2011
    • RECALLED FROM ASSEMBLY
  • 06 / Jun / 2011
    • RETURNED TO SENATE
  • 06 / Jun / 2011
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 06 / Jun / 2011
    • AMENDED ON THIRD READING (T) 3111A
  • 13 / Jun / 2011
    • AMENDED ON THIRD READING 3111B
  • 16 / Jun / 2011
    • REPASSED SENATE
  • 16 / Jun / 2011
    • RETURNED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 16 / Jun / 2011
    • SUBSTITUTED FOR A8178A
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.345
  • 16 / Jun / 2011
    • PASSED ASSEMBLY
  • 16 / Jun / 2011
    • RETURNED TO SENATE
  • 12 / Sep / 2011
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2011
    • SIGNED CHAP.552

Summary

Relates to establishing a certificate of still birth.

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Bill Details

See Assembly Version of this Bill:
A8178A
Versions:
S3111
S3111A
S3111B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd §4160, add §4160-a, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S765A
2007-2008: S186A

Sponsor Memo

BILL NUMBER:S3111B

TITLE OF BILL:
An act
to amend the public health law, in relation to establishing a
certificate of still birth

PURPOSE OR GENERAL IDEA OF BILL:
Directs the Department of Health to establish a certificate
of still birth.

SUMMARY OF SPECIFIC PROVISIONS:
Amends the Public Health Law to create a new section 4160-a, requiring
the Department of Health to establish a certificate of still birth.
The registrar with whom a fetal death certificate is filed shall
issue, upon the request of the parent(s) named on the fetal death
certificate, a certificate of still birth. If both parents are
deceased at the time of the stillbirth, the sibling(s) may request a
certificate of still birth, Requires the person who prepares a fetal
death certificate to inform the parent(s) in writing of the right to
receive a certificate of still birth. Requires the person who
prepares a certificate of still birth to include the name given to
the stillborn fetus by the parent(s), if a name is provided by the
parent(s).

States that the certificate of still birth shall not constitute proof
of live birth, and shall not be used to calculate live birth
statistics. Allows parents to restrict disclosure of information
provided on the certificate of still birth to the parent(s) named on
the certificate of still birth, their lawful representatives,
authorized personnel of the Department and the registrar. Defines
"stillbirth" to mean the unintended intrauterine death of a fetus
that occurs after the clinical estimate of the 20th week of
gestation. Allows a certificate of still birth to be requested and
issued regardless of when the stillbirth took place.

Allows the registrar who issues the certificate of still birth to
charge a fee equal to the fee authorized by Public Health Law for
certificates of birth and death, which can be reduced or waived for
financial hardship.

Applies the provisions of this section to New York City. For the
purposes of this section, in relation to New York City, "registrar"
is defined to mean the official of the City of New York with whom
fetal death certificates are filed.

JUSTIFICATION:
Under the Public Health Law, a stillbirth, like any
fetal death, "shall be considered as a birth and as a death." Unlike
live births, however, the law says the Health Department "shall not
be required" to issue a birth certificate in the case of a fetal
death. As a result, birth certificates are not issued for a
stillbirth. A fetal death certificate, however, is always issued.
Many families who have suffered the agony of a stillbirth want a
certificate acknowledging the process, with contractions, labor and
delivery, that resulted in a stillbirth. They feel it would ease
their pain and help in their healing process.


This bill would require the Health Department to issue a certificate
of still birth when requested by the family. A stillbirth is defined
in the bill as "the unintended intrauterine death of a fetus that
occurs after the clinical estimate of the twentieth week of
gestation." As with the fetal death certificate, it would allow the
parents to record a name for the fetus on the certificate. The bill
specifies that the certificate is not proof of a live birth. The bill
would allow the Health Department to charge a reasonable fee for the
certificate.

Nothing in this bill is intended to subject physicians, other health
care providers, or hospitals to any undue burden. Hospitals should
designate the appropriate person on the hospital staff to inform
parents of the availability of a certificate of still birth and the
process for requesting a certificate of still birth. Written
information provided to parents regarding a certificate of still
birth could be developed by the Health Department for use by hospital
staff.

Some still birth bills have raised serious problems by referring to the
fetus as an unborn child. This bill does not use any such language.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall apply to instances of stillbirth
regardless of whether they occurred before or after the effective
date of this act.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3111--B
    Cal. No. 279

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced by Sens. LARKIN, LANZA, ADAMS, AVELLA, CARLUCCI, DeFRANCISCO,
  FARLEY,  GOLDEN,  GRIFFO,  JOHNSON,  KENNEDY, LIBOUS, MAZIARZ, O'MARA,
  PARKER, RANZENHOFER, YOUNG -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- again amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend  the public health law, in relation to establishing a
  certificate of still birth

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 3 of section 4160 of the public health law, as
amended  by  chapter  436  of  the  laws  of 1967, is amended to read as
follows:
  3. For the purposes of this article, a fetal death shall be considered
as a birth and as a death except that, for a fetal death, separate birth
and death  certificates  shall  not  be  required  to  be  prepared  and
recorded,  EXCEPT  AS  PROVIDED  IN SECTION FORTY-ONE HUNDRED SIXTY-A OF
THIS TITLE.
  S 2. The public health law is amended by adding a new  section  4160-a
to read as follows:
  S  4160-A.  CERTIFICATE  OF  STILL BIRTH. 1. THE DEPARTMENT, OR IN THE
CITY OF NEW YORK, THE BOARD OF HEALTH, SHALL ESTABLISH A CERTIFICATE  OF
STILL  BIRTH. THE REGISTRAR WITH WHOM A FETAL DEATH CERTIFICATE IS FILED
SHALL ISSUE A CERTIFICATE OF STILL BIRTH TO THE PARENT OR PARENTS  NAMED
ON  A  FETAL  DEATH CERTIFICATE ISSUED IN THE CASE OF A STILLBIRTH, UPON
THE REQUEST OF SUCH PARENT OR PARENTS. IF BOTH PARENTS ARE  DECEASED  AT
THE  TIME  OF  THE STILLBIRTH, THE REGISTRAR SHALL ISSUE THE CERTIFICATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02740-08-1

S. 3111--B                          2

TO, AND UPON THE REQUEST OF, THE SIBLING,  PARENT,  OR  PARENTS  OF  THE
BIRTH PARENTS.
  2.  A  CERTIFICATE  ISSUED PURSUANT TO THIS SECTION SHALL INCLUDE SUCH
APPROPRIATE INFORMATION AS SHALL BE DETERMINED BY THE DEPARTMENT  OR  IF
THE STILLBIRTH OCCURRED IN THE CITY OF NEW YORK, BY THE BOARD OF HEALTH,
AND SHALL BE ON A FORM ESTABLISHED BY THE DEPARTMENT OR CITY OF NEW YORK
BOARD  OF  HEALTH  WHICH  IS  SIMILAR,  AS  APPLICABLE, TO THE FORM OF A
CERTIFICATE PRESCRIBED BY SECTION FORTY-ONE HUNDRED THIRTY OF THIS ARTI-
CLE RELATING TO A LIVE BIRTH.
  3. A PERSON WHO PREPARES A FETAL DEATH CERTIFICATE PURSUANT TO SECTION
FORTY-ONE HUNDRED SIXTY OF THIS TITLE OR, IF THE STILLBIRTH OCCURRED  IN
THE  CITY  OF  NEW  YORK,  PURSUANT TO THE NEW YORK CITY HEALTH CODE, OR
THEIR DESIGNEE, SHALL INFORM, IN WRITING, THE PARENT  OR  PARENTS  OF  A
STILLBORN  FETUS  OF  THE RIGHT TO RECEIVE A CERTIFICATE OF STILL BIRTH.
PROVIDED, HOWEVER THAT IF BOTH PARENTS ARE DECEASED AT THE TIME OF  SUCH
STILLBIRTH,  THEN  THE  PERSON  SHALL  SO  INFORM THE SIBLING, PARENT OR
PARENTS OF THE BIRTH PARENT OR PARENTS.
  4. THE PERSON WHO PREPARES A  CERTIFICATE  PURSUANT  TO  THIS  SECTION
SHALL  INCLUDE  THEREON  THE  NAME  GIVEN  TO THE STILLBORN FETUS BY THE
PARENTS, IF THE PARENT OR PARENTS WISH TO  INCLUDE  SUCH  NAME  ON  SUCH
CERTIFICATE.
  5.  A CERTIFICATE ISSUED PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE
PROOF OF A LIVE BIRTH. FURTHERMORE, SUCH CERTIFICATE SHALL NOT  BE  USED
TO CALCULATE LIVE BIRTH STATISTICS.
  6.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE PARENT OR
PARENTS MAY ELECT TO HAVE THE DISCLOSURE OF AND ACCESS TO  THE  INFORMA-
TION  INCLUDED  ON  SUCH CERTIFICATE LIMITED TO THE PARENTS NAMED ON THE
CERTIFICATE, THEIR LAWFUL REPRESENTATIVES, TO  AUTHORIZED  PERSONNEL  OF
THE DEPARTMENT, AND TO THE REGISTRAR.
  7.  FOR THE PURPOSES OF THIS SECTION, THE TERM "STILLBIRTH" SHALL MEAN
THE UNINTENDED INTRAUTERINE DEATH OF A FETUS THAT OCCURS AFTER THE CLIN-
ICAL ESTIMATE OF THE TWENTIETH WEEK OF GESTATION.
  8. A CERTIFICATE OF STILL BIRTH MAY BE REQUESTED AND ISSUED REGARDLESS
OF THE DATE ON WHICH THE FETAL DEATH CERTIFICATE WAS ISSUED.
  9. THE REGISTRAR MAY CHARGE A FEE FOR THE ISSUANCE  OF  A  CERTIFICATE
UNDER  THIS  SECTION  EQUAL TO THE FEE AUTHORIZED BY LAW FOR THE CERTIF-
ICATION OF A BIRTH OR DEATH.
  10. THIS SECTION SHALL APPLY TO THE CITY OF NEW YORK,  NOTWITHSTANDING
SECTION FORTY-ONE HUNDRED FOUR OF THIS ARTICLE. FOR THE PURPOSES OF THIS
SECTION, IN RELATION TO THE CITY OF NEW YORK, THE TERM "REGISTRAR" SHALL
MEAN  THE OFFICIAL OF THE CITY OF NEW YORK WITH WHOM FETAL DEATH CERTIF-
ICATES ARE FILED.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall apply to instances  of  stillbirth
regardless  of  whether they occurred before or after the effective date
of this act.

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