Assembly Bill A8178A

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

                                 8178--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2011
                               ___________

Introduced  by  M.  of  A.  GALEF,  GABRYSZAK, CALHOUN, MARKEY, SCHIMEL,
  SCHROEDER, SPANO, COOK, GOTTFRIED, P. LOPEZ,  CUSICK,  FINCH,  GIGLIO,
  GUNTHER,  McDONOUGH,  McKEVITT,  MOLINARO,  BARRON,  ROBINSON, CAMARA,
  MENG, CRESPO, ZEBROWSKI, ORTIZ, CASTRO, SCARBOROUGH, KAVANAGH, ARROYO,
  WEPRIN, BENEDETTO, M. MILLER, LANCMAN,  DINOWITZ,  PAULIN,  TITONE  --
  Multi-Sponsored  by  --  M.    of  A. ABBATE, AMEDORE, AUBRY, BARCLAY,
  BLANKENBUSH, BOYLAND, BOYLE, BROOK-KRASNY, BURLING, BUTLER,  CASTELLI,
  CLARK, COLTON, CONTE, CORWIN, CROUCH, CYMBROWITZ, DUPREY, FITZPATRICK,
  FRIEND, GIBSON, GOODELL, HAYES, HEVESI, JEFFRIES, JOHNS, JORDAN, KATZ,
  KOLB, LATIMER, LAVINE, LENTOL, LOSQUADRO, MAGEE, MALLIOTAKIS, McENENY,
  McLAUGHLIN,  D. MILLER,  J. MILLER,  MILLMAN, MONTESANO, MURRAY, OAKS,
  PERRY, RABBITT,  RAIA,  RAMOS,  REILICH,  REILLY,  SALADINO,  SAYWARD,
  SCHIMMINGER,  SWEENEY, TEDISCO, TENNEY, THIELE, TOBACCO, WEISENBERG --
  read once and referred to the Committee  on  Health  --  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 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11936-06-1
              

A. 8178--A                          2

  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
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.