Senate Bill S765A

2009-2010 Legislative Session

Directs the department of health to establish a certificate of birth resulting in stillbirth

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Archive: Last Bill Status - In Senate Committee Health 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Feb 05, 2009	print number 765a
Feb 05, 2009	amend (t) and recommit to health
Jan 15, 2009	referred to health

Bill Amendments

Original

A (Active)

2009-S765 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §4160, add §4160-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: S3111

2009-S765 - Summary

Directs the department of health to establish a certificate of birth resulting in stillbirth; provides such form shall be given to the parents of a stillborn child; makes related provisions.

2009-S765 - Sponsor Memo

                                 BILL NUMBER:  S765

 TITLE OF BILL :
An act to amend the public health law, in relation to enacting the
"missing angels act"


 PURPOSE :
This bill requires the Department of Health to establish a Certificate
of Birth Resulting in Stillbirth. This new certificate would not serve
as proof of a live birth, but would be an official government document
issued to families to evidence the fact that they experienced a birth
resulting in stillbirth.

 SUMMARY OF PROVISIONS :
Section 1: Amends Public Health Law section 4160(3) to add a technical
amendment as it relates to a Certificate of Birth and Fetal Death
certificate.

Section 2: Adds a new Public Health Law section 4160-a to establish a
new Certificate of Birth Resulting in Stillbirth. This provision
outlines the criteria needed for such a certificate to be issued, the
contents and license fee for such certificate, and those who are
eligible to receive such a Certificate of Birth Resulting in
Stillbirth. Such Certificate of Birth Resulting in Stillbirth should
contain information such as: the date and time of the stillbirth; the

county in which the stillbirth occurred; the sex of the stillborn
fetus; upon request of the parent or parents of such stillborn fetus,
the name of such infant; the place of such stillbirth, including the
name of the hospital or birthing center and the street address of such
stillbirth; the names, date of birth, and state of birth of the mother
and father; and the corresponding file number of the fetal death
certificate.

 EXISTING LAW :
There is currently no certificate of birth resulting in stillbirth.
The certificates issued by the Department of Health include live
birth, death, and fetal death.

 JUSTIFICATION :
A Certificate of Birth Resulting in Stillbirth would help to bring
closure to those who have endured the trauma of stillbirth by giving
them an official state registered certificate.  Mothers who give birth
to a stillborn fetus have little validation of their "motherhood" or
the fact that they carried a fetus close to term or to term. A
Certificate of Birth Resulting in Stillbitih would provide grieving
parents, who must leave the hospital without a living child, the same
consideration and respect given to parents leaving the hospital with
an infant in their an11S. Regardless of the outcome, both sets of
parents endured the same birthing process.

There are approximately 30,000 stillbirths that occur in the United
States each year. The number of stillbirths is greater than all infant
deaths combined. In fact, eight times as many babies are stillborn
when compared to the number of babies that die of Sudden Infant Death
Syndrome (SIDS). It was estimated that SIDS claimed 22 children in New
York State in 2004, while during the same period of time 1,784 infants
were stillborn. Over 50% of stillbirths occur due to an
"undeterminable medical reason". Further, a majority of such
stillbirths occur near. or at full term. Stillbirth occurrences have
no socioeconomic, age, race, lifestyle, or behavioral indicators.

The only official government document or acknowledgment of a
stillbirth is a certificate of fetal death. Under current law, there
is no official recognition to parents that there was a birth. Under
this bill, a Certificate of Birth Resulting in Stillbirth would be
issued by the State of New York, upon the request of a grieving
parent. Such document would provide recognition of the birth, and if
requested by the parents, a name of the child would be duly recorded.

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 such certificate and the process for
requesting them. Written materials for the purposes of informing
parents could be developed by the Health Department for use by
hospital personnel. Some stillbirth bills have raised controversy
among some because they referred to the fetus as an unborn child. The
text of this bill does not use any such language.

It is the hope of this bill's sponsors that creating a Certificate of
Birth Resulting in Stillbirth will help to increase awareness of the
occurrence of stillbirth in this country. Further, that it will
encourage the pursuit of more medical research to help curtail the
incidence of stillbirths.

 LEGISLATIVE HISTORY :
This bill is similar to S. 57-A of 2005/2006, S.186 of 2007/2008

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
90th day after it shall have become law.

2009-S765 - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S765A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §4160, add §4160-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: S3111

2009-S765A (ACTIVE) - Summary

Directs the department of health to establish a certificate of birth resulting in stillbirth; provides such form shall be given to the parents of a stillborn child; makes related provisions.

2009-S765A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S765A             REVISED 03/10/10

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

 PURPOSE :
This bill requires the Department of Health to establish a Certificate
of Birth Resulting in Stillbirth. This new certificate would not serve
as proof of a live birth, but would be an official government document
issued to families to evidence the fact that they experienced a birth
resulting in stillbirth.

 SUMMARY OF PROVISIONS :
Section 1: Amends Public Health Law section 4160(3) to add a technical
amendment as it relates to a Certificate of Birth and Fetal Death
certificate.

Section 2: Adds a new Public Health Law section 4160-a to establish a
new Certificate of Birth Resulting in Stillbirth. This provision
outlines the criteria needed for such a certificate to be issued, the
contents and license fee for such certificate, and those who are
eligible to receive such a Certificate of Birth Resulting in
Stillbirth. Such Certificate of Birth Resulting in Stillbirth 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.

 EXISTING LAW :
There is currently no certificate of birth resulting in stillbirth.
The certificates issued by the Department of Health include live
birth, death, and fetal death.

 JUSTIFICATION :
A Certificate of Birth Resulting in Stillbirth would help to bring
closure to those who have endured the trauma of stillbirth by giving
them an official state registered certificate. Mothers who give birth
to a stillborn fetus have little validation of their "motherhood" or
the fact that they carried a fetus close to term or to term. A
Certificate of Birth Resulting in Stillbirth would provide grieving
parents, who must leave the hospital without a living child, the same
consideration and respect given to parents leaving the hospital with
an infant in their arms.  Regardless of the outcome, both sets of
parents endured the same birthing process.

There are approximately 30,000 stillbirths that occur in the United
States each year. The number of stillbirths is greater than all infant
deaths combined. In fact, eight times as many babies are stillborn
when compared to the number of babies that die of Sudden Infant Death
Syndrome (SIDS). It was estimated that SIDS claimed 22 children in New
York State in 2004, while during the same period of time 1,784 infants
were stillborn. Over 50% of stillbirths occur due to an
"undeterminable medical reason". Further, a majority of such
stillbirths occur near or at full term.  Stillbirth occurrences have
no socioeconomic, age, race, lifestyle, or behavioral indicators.

The only official government document or acknowledgment of a
stillbirth is a certificate of fetal death. Under current law, there
is no official recognition to parents that there was a birth. Under
this bill, a Certificate of Birth Resulting in Stillbirth would be
issued by the State of New York, upon the request of a grieving
parent. Such document would provide recognition of the birth, and if
requested by the parents, a name of the child would be duly recorded.

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 such certificate and the process for
requesting them. Written materials for the purposes of informing
parents could be developed by the Health Department for use by
hospital personnel. Some stillbirth bills have raised controversy
among some because they referred to the fetus as an unborn child. The
text of this bill does not use any such language.

It is the hope of this bill's sponsors that creating a Certificate of
Birth Resulting in Stillbirth will help to increase awareness of the
occurrence of stillbirth in this country. Further, that it will
encourage the pursuit of more medical research to help curtail the
incidence of stillbirths.

 LEGISLATIVE HISTORY :
This bill is similar to S.57-A of 2005/2006, S.186-A of 2007/2008

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
One hundred eightieth day after it shall have become law.

2009-S765A (ACTIVE) - Bill Text download pdf

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

                                 765--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by Sens. LARKIN, DeFRANCISCO, GOLDEN, GRIFFO, MAZIARZ, MORA-
  HAN, VOLKER -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on Health -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the public health law, in relation to establishing a
  certificate of birth resulting in 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.
  S  2.  The public health law is amended by adding a new section 4160-a
to read as follows:
  S 4160-A. CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH. 1. THE DEPART-
MENT SHALL ESTABLISH A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH. THE
REGISTRAR WITH WHOM A FETAL DEATH CERTIFICATE IS  FILED  SHALL  ISSUE  A
CERTIFICATE  OF  BIRTH  RESULTING IN 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02228-02-9

S. 765--A                           2

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 BIRTH RESULTING IN STILLBIRTH. PROVIDED, HOWEV-
ER  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 BIRTH RESULTING IN 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.

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Senate Bill S765A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2009-S765 - Details

2009-S765 - Summary

2009-S765 - Sponsor Memo

2009-S765 - Bill Text download pdf

co-Sponsors

2009-S765A (ACTIVE) - Details

2009-S765A (ACTIVE) - Summary

2009-S765A (ACTIVE) - Sponsor Memo

2009-S765A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2009-S765 - Details

2009-S765 - Summary

2009-S765 - Sponsor Memo

2009-S765 - Bill Text download pdf

co-Sponsors

2009-S765A (ACTIVE) - Details

2009-S765A (ACTIVE) - Summary

2009-S765A (ACTIVE) - Sponsor Memo

2009-S765A (ACTIVE) - Bill Text download pdf

Comments