Assembly Bill A5826

2021-2022 Legislative Session

Relates to the disposition of fetal remains

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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2021-A5826 (ACTIVE) - Details

See Senate Version of this Bill:
S1517
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§4160, 4162, 4200 & 1389-dd, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7863
2019-2020: S1156
2023-2024: A242, S90

2021-A5826 (ACTIVE) - Summary

Relates to the disposition of fetal remains.

2021-A5826 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5826
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to the disposition of
   fetal remains
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 4160 of the public health law, as amended by chap-
 ter 436 of the laws of 1967, subdivision 2 as amended and subdivisions 4
 and 5 as added by chapter 809 of the laws of 1987 and subdivision  3  as
 amended  by  chapter  552  of  the  laws  of 2011, is amended to read as
 follows:
   § 4160. Fetal deaths; registration. 1. Fetal death is defined as death
 prior to the complete expulsion or extraction from its mother of a prod-
 uct of conception; the death is indicated by the fact  that  after  such
 separation,  the  fetus  does  not breathe or show any other evidence of
 life such as beating of the heart, pulsation of the umbilical  cord,  or
 definite movement of voluntary muscles.
   2.  A  fetal  death shall be registered within seventy-two hours after
 expulsion of [such fetus] A FETUS OF  ANY  GESTATIONAL  AGE,  by  filing
 directly with the commissioner a certificate of such death. In addition,
 a  report  of  fetal  death  shall  be  reported to the registrar in the
 district in which the fetal death occurred.
   3. IN THE CASE OF A SPONTANEOUS FETAL DEATH AT  ANY  GESTATIONAL  AGE,
 THE  ATTENDING  PHYSICIAN  OR  A PERSON DESIGNATED BY THE HOSPITAL SHALL
 ENSURE THAT THE MOTHER OF THE FETUS IS INFORMED OF HER RIGHT  TO  ACCESS
 THE  REPORT  OF  FETAL  DEATH AND TO DIRECT EITHER BURIAL, ENTOMBMENT OR
 CREMATION OF THE FETAL REMAINS.
   4. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03883-01-1
              

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