Assembly Bill A3453

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

                                 3453--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A. GABRYSZAK, CALHOUN, MARKEY, SCHROEDER, SPANO,
  COOK, GOTTFRIED, P. LOPEZ,  CUSICK,  FINCH,  GALEF,  GIGLIO,  GUNTHER,
  McDONOUGH, McKEVITT, MOLINARO, BARRON, ROBINSON, CAMARA, MENG, CRESPO,
  ZEBROWSKI,  ORTIZ, CASTRO, SCARBOROUGH, KAVANAGH -- Multi-Sponsored by
  -- M. of A. ABBATE, AMEDORE, BARCLAY,  BOYLAND,  BOYLE,  BROOK-KRASNY,
  BURLING,  BUTLER, CASTELLI, COLTON, CONTE, CORWIN, CROUCH, CYMBROWITZ,
  DINOWITZ, DUPREY, FITZPATRICK, GIBSON, HAYES, JEFFRIES, JORDAN,  KOLB,
  LATIMER,  LAVINE,  LENTOL,  MAGEE,  McENENY, MILLMAN, MONTESANO, OAKS,
  PERRY, PHEFFER,  RABBITT,  RAIA,  RAMOS,  REILICH,  REILLY,  SALADINO,
  SAYWARD, SWEENEY, TEDISCO, THIELE, TITONE, TOBACCO, WEISENBERG -- read
  once  and referred to the Committee on Health -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02740-04-1
              

A. 3453--A                          2

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 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.