senate Bill S3111B

Signed By Governor
2011-2012 Legislative Session

Relates to establishing a certificate of still birth

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

do you support this bill?

Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 signed chap.552
Sep 12, 2011 delivered to governor
Jun 16, 2011 returned to senate
passed assembly
ordered to third reading rules cal.345
substituted for a8178a
referred to ways and means
returned to assembly
repassed senate
Jun 13, 2011 amended on third reading 3111b
Jun 06, 2011 amended on third reading (t) 3111a
Jun 06, 2011 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
May 16, 2011 referred to health
delivered to assembly
passed senate
Mar 31, 2011 advanced to third reading
Mar 30, 2011 2nd report cal.
Mar 29, 2011 1st report cal.279
Feb 08, 2011 referred to health

Votes

view votes

Mar 29, 2011 - Health committee Vote

S3111
12
1
committee
12
Aye
1
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

view additional co-sponsors

S3111 - Bill Details

See Assembly Version of this Bill:
A8178A
Law Section:
Public Health Law
Laws Affected:
Amd §4160, add §4160-a, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S765A

S3111 - Bill Texts

view summary

Relates to establishing a certificate of still birth.

view sponsor memo
BILL NUMBER:S3111

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
billing 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,
S.765 of 2009/2010

LOCAL FISCAL IMPLICATIONS:
None.

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3111

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by Sens. LARKIN, ADAMS, DeFRANCISCO, FARLEY, GOLDEN, GRIFFO,
  JOHNSON, LIBOUS, MAZIARZ, PARKER, RANZENHOFER, YOUNG -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health

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.
                                                           LBD02740-03-1

S. 3111                             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.

Co-Sponsors

view additional co-sponsors

S3111A - Bill Details

See Assembly Version of this Bill:
A8178A
Law Section:
Public Health Law
Laws Affected:
Amd §4160, add §4160-a, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S765A

S3111A - Bill Texts

view summary

Relates to establishing a certificate of still birth.

view sponsor memo
BILL NUMBER:S3111A

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

PURPOSE OR GENERAL IDEA OF BILL:
Directs the Department of Health to
establish a certificate of still birth

SUMMARY OF SPECIFIC PROVISIONS:
Amends the Public Health Law to create a new section 4160-a, requiring
the Department of Health to establish a certificate of still birth.
The registrar with whom a fetal death certificate is filed shall
issue, upon the request of the parent(s) named on the fetal death
certificate, a certificate of still birth. If both parents are
deceased at the time of the stillbirth, the sibling(s) may request a
certificate of still birth. Requires the person who prepares a fetal
death certificate to inform the parent(s) in writing of the right to
receive a certificate of still birth. Requires the person who
prepares a certificate of still birth to include the name given to
the stillborn fetus by the parent(s), if a name is provided by the
parent(s).

States that the certificate of still birth shall not constitute proof
of live birth, and shall not be used to calculate live birth
statistics. Allows parents to restrict disclosure of information
provided on the certificate of still birth to the parent(s) named on
the certificate of still birth, their lawful representatives,
authorized personnel of the Department and the registrar. Defines
"stillbirth" to mean the unintended intrauterine death of a fetus
that occurs after the clinical estimate of the 20th week of
gestation. Allows a certificate of still birth to be requested and
issued regardless of when the stillbirth took place.

Allows the registrar who issues the certificate of still birth to
charge a fee equal to the fee authorized by Public Health Law for
certificates of birth and death, which can be reduced or waived for
financial hardship.

Applies the provisions of this section to New York City. For the
purposes of this section, in relation to New York City, "registrar"
is defined to mean the official of the City of New York with whom
fetal death certificates are filed.

JUSTIFICATION:
Under the Public Health Law, a stillbirih, like any
fetal death, "shall be considered as a birth and as a death." Unlike
live births, however, the law says the Health Department "shall not
be required" to issue a birth certificate in the case of a fetal

death. As a result, birth certificates are not issued for a
stillbirth. A fetal death certificate, however, is always issued.
Many families who have suffered the agony of a stillbirth want a
certificate acknowledging the process, with contractions, labor and
delivery, that resulted in a stillbirth. They feel it would ease
their pain and help in their healing process.

This bill would require the Health Department to issue a certificate
of still birth when requested by the family. A stillbirth is defined
in the bill as "the unintended intrauterine death of a fetus that
occurs after the clinical estimate of the twentieth week of
gestation." As with the fetal death certificate, it would allow the
parents to record a name for the fetus on the certificate. The bill
specifies that the certificate is not proof of a live birth. The bill
would allow the Health Department to charge a reasonable fee for the
certificate.

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 a certificate still birth and the
process for requesting a certificate of still birth. Written
information provided to parents regarding a certificate of still
birth could be developed by the Health Department for use by hospital
staff.

Some stillbirth bills have raised serious problems by referring to the
fetus as an unborn child.
This bill does not use any such language.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3111--A
    Cal. No. 279

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced by Sens. LARKIN, LANZA, ADAMS, AVELLA, CARLUCCI, DeFRANCISCO,
  FARLEY,  GOLDEN,  GRIFFO,  JOHNSON,  KENNEDY, LIBOUS, MAZIARZ, O'MARA,
  PARKER, RANZENHOFER, YOUNG -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend  the public health law, in relation to establishing a
  certificate of still birth

  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 STILL BIRTH. 1. THE DEPARTMENT SHALL ESTAB-
LISH A CERTIFICATE OF STILL BIRTH. THE REGISTRAR WITH WHOM A FETAL DEATH
CERTIFICATE IS FILED SHALL ISSUE A CERTIFICATE OF  STILL  BIRTH  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02740-05-1

S. 3111--A                          2

  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  STILL BIRTH. 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 STILL BIRTH 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.

Co-Sponsors

view additional co-sponsors

S3111B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8178A
Law Section:
Public Health Law
Laws Affected:
Amd §4160, add §4160-a, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S765A

S3111B (ACTIVE) - Bill Texts

view summary

Relates to establishing a certificate of still birth.

view sponsor memo
BILL NUMBER:S3111B

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

PURPOSE OR GENERAL IDEA OF BILL:
Directs the Department of Health to establish a certificate
of still birth.

SUMMARY OF SPECIFIC PROVISIONS:
Amends the Public Health Law to create a new section 4160-a, requiring
the Department of Health to establish a certificate of still birth.
The registrar with whom a fetal death certificate is filed shall
issue, upon the request of the parent(s) named on the fetal death
certificate, a certificate of still birth. If both parents are
deceased at the time of the stillbirth, the sibling(s) may request a
certificate of still birth, Requires the person who prepares a fetal
death certificate to inform the parent(s) in writing of the right to
receive a certificate of still birth. Requires the person who
prepares a certificate of still birth to include the name given to
the stillborn fetus by the parent(s), if a name is provided by the
parent(s).

States that the certificate of still birth shall not constitute proof
of live birth, and shall not be used to calculate live birth
statistics. Allows parents to restrict disclosure of information
provided on the certificate of still birth to the parent(s) named on
the certificate of still birth, their lawful representatives,
authorized personnel of the Department and the registrar. Defines
"stillbirth" to mean the unintended intrauterine death of a fetus
that occurs after the clinical estimate of the 20th week of
gestation. Allows a certificate of still birth to be requested and
issued regardless of when the stillbirth took place.

Allows the registrar who issues the certificate of still birth to
charge a fee equal to the fee authorized by Public Health Law for
certificates of birth and death, which can be reduced or waived for
financial hardship.

Applies the provisions of this section to New York City. For the
purposes of this section, in relation to New York City, "registrar"
is defined to mean the official of the City of New York with whom
fetal death certificates are filed.

JUSTIFICATION:
Under the Public Health Law, a stillbirth, like any
fetal death, "shall be considered as a birth and as a death." Unlike
live births, however, the law says the Health Department "shall not
be required" to issue a birth certificate in the case of a fetal
death. As a result, birth certificates are not issued for a
stillbirth. A fetal death certificate, however, is always issued.
Many families who have suffered the agony of a stillbirth want a
certificate acknowledging the process, with contractions, labor and
delivery, that resulted in a stillbirth. They feel it would ease
their pain and help in their healing process.


This bill would require the Health Department to issue a certificate
of still birth when requested by the family. A stillbirth is defined
in the bill as "the unintended intrauterine death of a fetus that
occurs after the clinical estimate of the twentieth week of
gestation." As with the fetal death certificate, it would allow the
parents to record a name for the fetus on the certificate. The bill
specifies that the certificate is not proof of a live birth. The bill
would allow the Health Department to charge a reasonable fee for the
certificate.

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 a certificate of still birth and the
process for requesting a certificate of still birth. Written
information provided to parents regarding a certificate of still
birth could be developed by the Health Department for use by hospital
staff.

Some still birth bills have raised serious problems by referring to the
fetus as an unborn child. This bill does not use any such language.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3111--B
    Cal. No. 279

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced by Sens. LARKIN, LANZA, ADAMS, AVELLA, CARLUCCI, DeFRANCISCO,
  FARLEY,  GOLDEN,  GRIFFO,  JOHNSON,  KENNEDY, LIBOUS, MAZIARZ, O'MARA,
  PARKER, RANZENHOFER, YOUNG -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- again amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend  the public health law, in relation to establishing a
  certificate of still birth

  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  STILL BIRTH. 1. THE DEPARTMENT, OR IN THE
CITY OF NEW YORK, THE BOARD OF HEALTH, SHALL ESTABLISH A CERTIFICATE  OF
STILL  BIRTH. THE REGISTRAR WITH WHOM A FETAL DEATH CERTIFICATE IS FILED
SHALL ISSUE A CERTIFICATE OF STILL BIRTH 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02740-08-1

S. 3111--B                          2

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  OR  IF
THE STILLBIRTH OCCURRED IN THE CITY OF NEW YORK, BY THE BOARD OF HEALTH,
AND SHALL BE ON A FORM ESTABLISHED BY THE DEPARTMENT OR CITY OF NEW YORK
BOARD  OF  HEALTH  WHICH  IS  SIMILAR,  AS  APPLICABLE, TO THE FORM OF A
CERTIFICATE PRESCRIBED BY SECTION FORTY-ONE HUNDRED THIRTY OF THIS ARTI-
CLE 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, IF THE STILLBIRTH OCCURRED  IN
THE  CITY  OF  NEW  YORK,  PURSUANT TO THE NEW YORK CITY HEALTH CODE, OR
THEIR DESIGNEE, SHALL INFORM, IN WRITING, THE PARENT  OR  PARENTS  OF  A
STILLBORN  FETUS  OF  THE RIGHT TO RECEIVE A CERTIFICATE OF STILL BIRTH.
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 STILL BIRTH 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.