S T A T E   O F   N E W   Y O R K
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                                  1731

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by M. of A. CALHOUN, ALFANO, McDONOUGH -- Multi-Sponsored by
  -- M. of A. ERRIGO, REILICH, SAYWARD -- read once and referred to  the
  Committee on Health

AN  ACT  to  amend  the  public  health law, in relation to enacting the
  "missing angels act"

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

  Section  1.  Short title.  This act shall be known and may be cited as
the "missing angels act".
  S 2. The public health law is  amended  by  adding  two  new  sections
4160-a and 4160-b to read as follows:
  S  4160-A.  CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH. 1.  NOTWITH-
STANDING THE PROVISIONS OF  SECTION  FORTY-ONE  HUNDRED  SIXTY  OF  THIS
TITLE,  THE  OFFICE OF VITAL RECORDS OF THE DEPARTMENT SHALL ESTABLISH A
CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH ON A FORM APPROVED  BY  THE
LOCAL  REGISTRAR FOR EACH STILLBIRTH.  THIS CERTIFICATE WILL BE PROVIDED
TO THE PARENT OR PARENTS OF A STILLBORN CHILD.
  2. THE CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH SHALL MEET ALL  OF
THE  FORMAT  AND FILING REQUIREMENTS OF SECTION FORTY-ONE HUNDRED THIRTY
OF THIS ARTICLE RELATING TO A LIVE BIRTH.
  3. THE PERSON WHO PREPARES THE CERTIFICATE PURSUANT  TO  THIS  SECTION
SHALL  LEAVE  BLANK  ANY REFERENCES TO THE STILLBORN CHILD'S NAME IF THE
PARENT OR PARENTS DO NOT WISH TO PROVIDE A NAME OF THE STILLBORN CHILD.
  4. FOR PURPOSES OF FEDERAL, STATE AND  LOCAL  TAXES,  THE  CERTIFICATE
PROVIDED UNDER THIS SECTION IS NOT PROOF OF A LIVE BIRTH.
  5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CHAPTER, THE PARENTS
MAY CHOOSE TO LIMIT THE DISCLOSURE OF INFORMATION TO THE  PARENTS  NAMED
ON  THE  CERTIFICATE,  THEIR  LAWFUL  REPRESENTATIVES  AND TO AUTHORIZED
PERSONNEL OF THE DEPARTMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02228-01-9

A. 1731                             2
              

  6. FOR THE PURPOSES OF THIS TITLE, THE TERM  "STILLBIRTH"  SHALL  MEAN
THE  NATURALLY OCCURRING INTRAUTERINE DEATH OF A FETUS THAT OCCURS AFTER
THE TWENTIETH WEEK OF PREGNANCY.
  S  4160-B. DELAYED REGISTRATION OF BIRTH RESULTING IN STILLBIRTH. WHEN
A BIRTH RESULTING IN STILLBIRTH OCCURRING IN THIS  STATE  HAS  NOT  BEEN
REGISTERED  WITHIN  ONE  YEAR  AFTER THE DATE OF DELIVERY, A CERTIFICATE
MARKED "DELAYED" MAY BE FILED AND REGISTERED IN  ACCORDANCE  WITH  REGU-
LATIONS  OF  THE COMMISSIONER RELATING TO EVIDENTIARY AND OTHER REQUIRE-
MENTS SUFFICIENT TO SUBSTANTIATE THE ALLEGED FACTS OF BIRTH RESULTING IN
STILLBIRTH.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.