S T A T E O F N E W Y O R K
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2028
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. JOHN, LIFTON, GUNTHER, GOTTFRIED -- Multi-Spon-
sored by -- M. of A. BOYLAND -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the public health law, in relation to death certificates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4100 of the public health law is amended by adding
a new subdivision 4 to read as follows:
4. CERTIFIED NURSE PRACTITIONERS COMPLETING A DEATH CERTIFICATE FOR A
DEATH OCCURRING IN THE CITY OF NEW YORK SHALL HAVE THE SAME AUTHORITY
AND RESPONSIBILITY TO COMPLETE THE CERTIFICATE AS THEY WOULD HAVE IF THE
DEATH OCCURRED OUTSIDE SUCH CITY; PROVIDED, HOWEVER, THAT SUCH RESPONSI-
BILITY SHALL BE EXERCISED IN ACCORDANCE WITH THE RULES AND REGULATIONS
OF THE CITY OF NEW YORK.
S 2. Section 4104 of the public health law, as amended by chapter 435
of the laws of 2008, is amended to read as follows:
S 4104. Vital statistics; application of article. The provisions of
this article except for the provisions contained in paragraph (i) of
subdivision two AND SUBDIVISION FOUR of section four thousand one
hundred, section four thousand one hundred three, subdivision two of
section four thousand one hundred thirty-five, section four thousand one
hundred thirty-five-b, subdivision eight of section four thousand one
hundred seventy-four, paragraphs (b) and (e) of subdivision one of
section four thousand one hundred thirty-eight, subdivision eleven of
section four thousand one hundred thirty-eight-c, and section four thou-
sand one hundred seventy-nine of this article, shall not apply to the
city of New York.
S 3. Subdivision 4 of section 4141 of the public health law, paragraph
(d) as added by chapter 413 of the laws of 2005, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04016-01-9
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4. (a) The medical certificate shall be made, dated, and signed by the
physician OR NURSE PRACTITIONER, if any, last in attendance on the
deceased.
(b) Indefinite terms, denoting only symptoms of disease or conditions
resulting from disease, shall not be held sufficient.
(c) Any certificate stating the cause of death in terms which the
commissioner [shall have declared] DECLARES indefinite[,] shall be
returned to the physician, NURSE PRACTITIONER, or person making the
medical certificate[,] for correction and more definite statement.
(d) Where a death is caused by an opioid overdose, such information
shall be indicated, including any related information as the commission-
er may require.
S 4. Section 4141-a of the public health law, as added by chapter 402
of the laws of 1968, is amended to read as follows:
S 4141-a. Death certificate; duties of hospital administrator. When a
death occurs in a hospital, except in those cases where certificates are
issued by coroners or medical examiners, the person in charge of such
hospital or his OR HER designated representative shall promptly present
the certificate to the physician OR NURSE PRACTITIONER in attendance, or
a physician OR NURSE PRACTITIONER acting in his OR HER behalf, who shall
promptly certify to the facts of death, provide the medical information
required by the certificate, sign the medical certificate of death, and
thereupon return such certificate to such person, so that the seventy-
two hour registration time limit prescribed in section four thousand one
hundred forty of this [chapter] TITLE can be met.
S 5. Subdivision (b) of section 4142 of the public health law, as
amended by chapter 402 of the laws of 1968, is amended to read as
follows:
(b) present the certificate promptly to the attending physician OR
NURSE PRACTITIONER, who shall forthwith certify to the facts of death,
provide the medical information required by the certificate and sign the
medical certificate of death, or to the coroner or medical examiner in
those cases where so required by this article or, when a death occurs in
a hospital, except in those cases where certificates are issued by
coroners or medical examiners, to the person in charge of such hospital
or his OR HER designated representative, who shall obtain the medical
certificate of death as prescribed in section four thousand one hundred
forty-one-a of this [chapter] TITLE;
S 6. Paragraph (b) of subdivision 2 of section 4144 of the public
health law, as amended by chapter 188 of the laws of 1997, is amended to
read as follows:
(b) Verbal permission to remove a body of a deceased person from the
county in which death occurred or the body was found to a non-adjacent
county within the state of New York, as provided in subdivision one
[hereof] OF THIS SECTION, shall be issued by the said registrar of vital
statistics, upon request by telephone of a licensed funeral director or
undertaker who holds a certificate of death signed by the attending
physician OR NURSE PRACTITIONER, showing THAT the death resulted from
natural causes[,] and was not a result of accidental, suicidal, homici-
dal or other external causes.
S 7. The section heading and subdivisions 2, 3 and 4 of section 4161
of the public health law, the section heading and subdivision 4 as
amended by chapter 402 of the laws of 1968, subdivision 2 as amended by
chapter 884 of the laws of 1972, and subdivision 3 as amended by chapter
388 of the laws of 1968, are amended to read as follows:
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Fetal death certificates; form and content; physicians, NURSE PRACTI-
TIONERS, midwives, and hospital administrators.
2. In each case where a physician OR NURSE PRACTITIONER was in attend-
ance at[,] or after[,] a fetal death, it [shall be] IS the duty of such
physician OR NURSE PRACTITIONER to certify to the birth and to the cause
of death on the fetal death certificate. Where a nurse-midwife was in
attendance at a fetal death it [shall be] IS the duty of such nurse-mid-
wife to certify to the birth but, HE OR she shall not certify to the
cause of death on the fetal death certificate.
3. Fetal deaths occurring without the attendance of a physician OR
NURSE PRACTITIONER as [defined] PROVIDED in subdivision two of this
section shall be treated as deaths without medical attendance, as
provided in this article.
4. When a fetal death occurs in a hospital, except in those cases
where certificates are issued by coroners or medical examiners, the
person in charge of such hospital or his OR HER designated represen-
tative shall promptly present the certificate to the physician OR NURSE
PRACTITIONER in attendance, or a physician OR NURSE PRACTITIONER acting
in his OR HER behalf, who shall promptly certify to the facts of birth
and of fetal death, provide the medical information required by the
certificate, sign the medical certificate of birth and death, and there-
upon return such certificate to such person, so that the seventy-two
hour registration time limit prescribed in section four thousand one
hundred sixty of this [chapter] TITLE can be met.
S 8. The section heading and subdivision 1 of section 4171 of the
public health law, subdivision 1 as amended by chapter 884 of the laws
of 1972, are amended to read as follows:
Records; duties of physicians, NURSE PRACTITIONERS, and others to
furnish information. 1. Physicians, NURSE PRACTITIONERS, nurse-midwives,
funeral directors, undertakers and informants, and all other persons
having knowledge of the facts, are hereby required to supply, upon a
form provided by the commissioner or upon the original certificate, such
information as they may possess regarding any birth or death upon demand
of the commissioner, in person, by mail, or through the registrar.
S 9. Subdivisions 1, 3 and 5 of section 4175 of the public health law,
as amended by chapter 884 of the laws of 1972, are amended to read as
follows:
1. If, at any time after the birth, or within one year of the death,
of any person within the state, a certified copy of the official record
of said birth or death, with the information required to be registered
by this article, [be] IS necessary for legal, judicial, or other proper
purposes, and, after search by the commissioner or his OR HER represen-
tatives, it [should appear] APPEARS that no such certificate of birth or
death was made and filed as provided by this article, then the commis-
sioner shall immediately require the physician, NURSE PRACTITIONER, or
nurse-midwife[,] who, being in attendance upon a birth, failed or
neglected to file a certificate thereof, or the funeral director, under-
taker, or other person who, having charge of the interment or removal of
the body of a deceased person, failed or neglected to file the certif-
icate of death, if he or she [be] IS living, to obtain and file at once
with the local registrar such certificate in as complete form as the
lapse of time will permit.
3. If the physician, NURSE PRACTITIONER, nurse-midwife, funeral direc-
tor, or undertaker responsible for the report[,] is deceased or cannot
be located, then the person making application for the certified copy of
the record may file such certificate of birth or death together with
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such statements subscribed and affirmed by the persons making them as
true under the penalties of perjury and other evidence as the commis-
sioner may require.
5. The delinquent physician, NURSE PRACTITIONER, nurse-midwife, funer-
al director, undertaker, or other person may, in the discretion of the
commissioner, be prosecuted as required by this article, without bar
from the statute of limitations, if he or she [shall neglect or fail]
NEGLECTS OR FAILS to file promptly the certificate required by this
section.
S 10. This act shall take effect on the one hundred twentieth day
after it shall have become a law; provided, that the commissioner of
health is authorized and directed to promulgate any rules and regu-
lations necessary to implement the provisions of this act on its effec-
tive date on or before such date.