Assembly Bill A4375A

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

                                 4375--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M.  of  A.  HYER-SPENCER,  CALHOUN, CHRISTENSEN, MARKEY,
  SCHROEDER, SPANO, COOK, GOTTFRIED, BALL, P. LOPEZ,  TOWNS,  MAYERSOHN,
  CARROZZA,  CUSICK,  DelMONTE,  FINCH,  GALEF, GIGLIO, GORDON, GUNTHER,
  McDONOUGH, McKEVITT, MOLINARO, POWELL,  BARRON,  ROBINSON,  GABRYSZAK,
  FIELDS,  CAMARA,  MENG, CRESPO, ZEBROWSKI, ORTIZ, CASTRO, SCARBOROUGH,
  ESPAILLAT, KAVANAGH -- Multi-Sponsored by -- M. of A. ABBATE, AMEDORE,
  BACALLES, BARCLAY, BOYLAND,  BOYLE,  BRODSKY,  BROOK-KRASNY,  BURLING,
  BUTLER, CASTELLI, COLTON, CONTE, CORWIN, CROUCH, CYMBROWITZ, DINOWITZ,
  DUPREY,  ERRIGO,  FITZPATRICK,  GIBSON, HAYES, JEFFRIES, JORDAN, KOLB,
  LATIMER, LAVINE, LENTOL, MAGEE,  McENENY,  MILLMAN,  MONTESANO,  OAKS,
  O'MARA,  PERRY, PHEFFER, QUINN, RABBITT, RAIA, RAMOS, REILICH, REILLY,
  SALADINO, SAYWARD, SCHIMEL, SCOZZAFAVA,  SKARTADOS,  STIRPE,  SWEENEY,
  TEDISCO,  THIELE,  TITONE,  TOBACCO, TOWNSEND, WEISENBERG -- read once
  and referred to the Committee on Health -- recommitted to the  Commit-
  tee  on  Health in accordance with Assembly Rule 3, sec. 2 -- reported
  and  referred  to  the  Committee  on  Ways  and  Means  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the public health law, in relation to establishing a
  certificate of recognition of stillbirth

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02228-06-0

              

A. 4375--A                          2

  S  2.  The public health law is amended by adding a new section 4160-a
to read as follows:
  S  4160-A. CERTIFICATE OF RECOGNITION OF STILLBIRTH. 1. THE DEPARTMENT
SHALL ESTABLISH A CERTIFICATE OF RECOGNITION OF STILLBIRTH. THE  REGIST-
RAR  WITH  WHOM A FETAL DEATH CERTIFICATE IS FILED SHALL ISSUE A CERTIF-
ICATE OF RECOGNITION OF STILLBIRTH 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 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  AND
SHALL  BE  ON  A FORM ESTABLISHED BY THE DEPARTMENT WHICH IS SIMILAR, AS
APPLICABLE, TO THE FORM OF A CERTIFICATE PRESCRIBED BY SECTION FORTY-ONE
HUNDRED THIRTY OF THIS ARTICLE 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 THEIR DESIGNEE, SHALL  INFORM,
IN  WRITING,  THE PARENT OR PARENTS OF A STILLBORN FETUS OF THE RIGHT TO
RECEIVE A CERTIFICATE OF RECOGNITION OF  STILLBIRTH.  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  RECOGNITION OF STILLBIRTH 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.