S T A T E O F N E W Y O R K
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4668
2013-2014 Regular Sessions
I N S E N A T E
April 17, 2013
___________
Introduced by Sen. CARLUCCI -- 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 the establishment
of an electronic death registration system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
4148 to read as follows:
S 4148. ELECTRONIC DEATH REGISTRATION SYSTEM. 1. LEGISLATIVE FINDINGS.
THE LEGISLATURE FINDS THAT IT IS NECESSARY TO UPDATE AND MODERNIZE THE
STATE'S SYSTEM OF FILNG AND MAINTAINING INFORMATION AND DOCUMENTS
RELATED TO THE REGISTRATION OF DEATH. AN ELECTRONIC DEATH REGISTRATION
SYSTEM WILL PROMOTE ACCURACY AND PROVIDE FOR MORE TIMELY TRANSMISSION OF
DOCUMENTATION, PROMOTING EFFICIENCY IN THE OPERATIONS OF THE DEPARTMENT,
WHICH OVERSEES THE DEATH REGISTRATION FILING PROCESS; LOCAL REGISTRARS,
WHICH ACCEPT AND FILE CERTIFICATES OF DEATH AND ISSUE BURIAL AND REMOVAL
PERMITS; HEALTH CARE INSTITUTIONS AND PRACTITIONERS, CORONERS AND
MEDICAL EXAMINERS, WHICH PREPARE CERTIFICATES OF DEATH; AND LICENSED
FUNERAL DIRECTORS AND UNDERTAKERS, WHO REQUIRE PROMPT ACCESS TO CERTIF-
ICATES OF DEATH TO CONDUCT BURIALS AND FUNERALS IN A TIMELY FASHION.
LICENSED FUNERAL DIRECTORS AND UNDERTAKERS HAVE EXPRESSED THEIR INTEREST
IN PARTNERING WITH THE DEPARTMENT TO SUPPORT THE ESTABLISHMENT AND MAIN-
TENANCE OF SUCH SYSTEM THROUGH A CONTRIBUTION, TENDERED FOR EACH BURIAL
AND REMOVAL PERMIT ISSUED TO A LICENSED FUNERAL DIRECTOR OR UNDERTAKER,
IN THE AMOUNT OF TWENTY DOLLARS.
2. THE DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED TO DESIGN, IMPLE-
MENT AND MAINTAIN AN ELECTRONIC DEATH REGISTRATION SYSTEM FOR COLLECT-
ING, STORING, RECORDING, TRANSMITTING, AMENDING, CORRECTING AND AUTHEN-
TICATING INFORMATION, AS NECESSARY AND APPROPRIATE TO COMPLETE A DEATH
REGISTRATION, AND TO GENERATE SUCH DOCUMENTS AS DETERMINED BY THE
DEPARTMENT IN RELATION TO A DEATH OCCURRING IN THIS STATE. THE CONTRIB-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10019-01-3
S. 4668 2
UTION REFERENCED IN SUBDIVISION ONE OF THIS SECTION SHALL BE COLLECTED
FOR EACH BURIAL OR REMOVAL PERMIT ISSUED ON OR AFTER THE EFFECTIVE DATE
OF THIS SECTION FROM THE LICENSED FUNERAL DIRECTOR OR UNDERTAKER TO WHOM
SUCH PERMIT IS ISSUED, IN THE MANNER SPECIFIED BY THE DEPARTMENT AND
SHALL BE USED SOLELY FOR THE PURPOSE SET FORTH IN SUBDIVISION ONE OF
THIS SECTION.
3. COMMENCING ON JANUARY FIRST, TWO THOUSAND FIFTEEN, OR AS SOON THER-
EAFTER AS THE COMMISSIONER REASONABLY DETERMINES IS FEASIBLE IN LIGHT OF
THE INTENT OF THIS SECTION, THE DEPARTMENT SHALL REQUIRE THAT DEATHS
OCCURRING WITHIN THIS STATE MUST BE REGISTERED USING THE ELECTRONIC
DEATH REGISTRATION SYSTEM ESTABLISHED IN THIS SECTION. ELECTRONIC DEATH
REGISTRATION MAY BE PHASED IN, AS DETERMINED BY THE COMMISSIONER, FOR
DEATHS OCCURRING IN THE STATE UNTIL THE ELECTRONIC DEATH REGISTRATION
SYSTEM IS FULLY IMPLEMENTED IN THE STATE.
4. COMMENCING ON JANUARY FIRST, TWO THOUSAND FIFTEEN, OR ON SUCH DATE
DETERMINED BY THE COMMISSIONER PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, ALL PERSONS REQUIRED TO REGISTER A DEATH OR FILE A CERTIFICATE
OF DEATH UNDER THIS ARTICLE, AND SUCH OTHERS AS MAY BE AUTHORIZED BY THE
COMMISSIONER, SHALL HAVE ACCESS TO THE ELECTRONIC DEATH REGISTRATION
SYSTEM FOR THE PURPOSE OF ENTERING INFORMATION REQUIRED TO EXECUTE,
COMPLETE AND FILE A CERTIFICATE OF DEATH OR TO RETRIEVE SUCH INFORMATION
OR GENERATE DOCUMENTATION FROM THE ELECTRONIC DEATH REGISTRATION SYSTEM.
THE CONFIDENTIALITY PROVISIONS IN SECTION FORTY-ONE HUNDRED FORTY-SEVEN
OF THIS TITLE SHALL APPLY TO INFORMATION MAINTAINED IN THIS SYSTEM.
5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, COMMENCING ON
OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, OR ON SUCH DATE DETERMINED
BY THE COMMISSIONER PURSUANT TO SUBDIVISION THREE OF THIS SECTION, ANY
REQUIREMENT OF THIS TITLE FOR A SIGNATURE OF ANY PERSON SHALL BE DEEMED
SATISFIED BY THE USE BY SUCH PERSON OF DIGITAL SIGNATURE PROVIDED SUCH
PERSON IS AUTHORIZED IN ACCORDANCE WITH THIS SECTION TO USE THE ELEC-
TRONIC DEATH REGISTRATION SYSTEM.
S 2. Subdivision 1 of section 4100-a of the public health law, as
amended by chapter 644 of the laws of 1988, is amended and a new subdi-
vision 5 is added to read as follows:
1. The term "certified copy" means a photographic reproduction in the
form of a photocopy or a microfilm print of the original certificate OR
ELECTRONICALLY PRODUCED PRINT OF THE ORIGINAL CERTIFICATE, COMMENCING ON
OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, and certified by the
commissioner, his designated representative, a local registrar [or his
deputy], DEPUTY REGISTRAR OR SUB-REGISTRAR as a true copy thereof.
5. THE TERM "ELECTRONIC DEATH REGISTRATION SYSTEM" MEANS THE DATA
SYSTEM CREATED AND MAINTAINED BY THE DEPARTMENT FOR COLLECTING, STORING,
RECORDING, TRANSMITTING, AMENDING, CORRECTING AND AUTHENTICATING INFOR-
MATION, AS NECESSARY AND APPROPRIATE TO COMPLETE A DEATH REGISTRATION,
AND TO GENERATE SUCH DOCUMENTS AS DETERMINED BY THE DEPARTMENT, INCLUD-
ING PERMITS OR CERTIFICATES, RELATING TO A DEATH OCCURRING IN THIS
STATE.
S 3. Subdivision 1 of section 4140 of the public health law is amended
to read as follows:
1. The death of each person who has died in this state shall be regis-
tered immediately and not later than seventy-two hours after death or
the finding of a dead human body, by filing with the registrar of the
district in which the death occurred or the body was found a certificate
of such death, [which certificate shall be upon the form] IN A MANNER
AND FORMAT AS prescribed by the commissioner, WHICH SHALL INCLUDE
S. 4668 3
THROUGH ELECTRONIC MEANS IN ACCORDANCE WITH SECTION FORTY-ONE HUNDRED
FORTY-EIGHT OF THIS TITLE.
S 4. Section 4141-a of the public health law, as amended by chapter
153 of the laws of 2011, is amended to read as follows:
S 4141-a. Death certificate; duties of hospital administrator. When a
death occurs in a hospital, except in those cases where certificates are
issued by coroners or medical examiners, the person in charge of such
hospital or his or her designated representative shall promptly present
the certificate to the physician or nurse practitioner in attendance, or
a physician or nurse practitioner acting in his or her behalf, who shall
promptly certify to the facts of death, provide the medical information
required by the certificate, sign the medical certificate of death, and
thereupon return such certificate to such person, so that the seventy-
two hour registration time limit prescribed in section four thousand one
hundred forty of this title can be met; PROVIDED, HOWEVER THAT COMMENC-
ING ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN OR ON SUCH DATE
DETERMINED BY THE COMMISSIONER PURSUANT TO SUBDIVISION THREE OF SECTION
FORTY-ONE HUNDRED FORTY-EIGHT OF THIS TITLE, INFORMATION AND SIGNATURES
REQUIRED BY THIS SECTION SHALL BE OBTAINED AND MADE IN ACCORDANCE WITH
SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS TITLE.
S 5. Section 4142 of the public health law is amended by adding a new
subdivision (e) to read as follows:
(E) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF LAW AS MAY BE SET FORTH
IN THIS SECTION, COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND
FIFTEEN, OR ON SUCH DATE DETERMINED BY THE COMMISSIONER PURSUANT TO
SUBDIVISION THREE OF SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS
TITLE, INFORMATION AND SIGNATURES REQUIRED BY THIS SUBDIVISION SHALL BE
OBTAINED AND MADE IN ACCORDANCE WITH SECTION FORTY-ONE HUNDRED
FORTY-EIGHT OF THIS TITLE.
S 6. Paragraph (b) of subdivision 2 and subdivisions 3 and 5 of
section 4144 of the public health law, paragraph (b) of subdivision 2 as
amended by chapter 153 of the laws of 2011, are amended to read as
follows:
(b) Verbal permission to remove a body of a deceased person from the
county in which death occurred or the body was found to a non-adjacent
county within the state of New York, as provided in subdivision one of
this section, shall be issued by the said registrar of vital statistics,
upon request by telephone of a licensed funeral director or undertaker
who holds a certificate of death signed by the attending physician or
nurse practitioner, OR FOR DEATHS OCCURRING ON OR AFTER JANUARY FIRST,
TWO THOUSAND FIFTEEN, OR ON SUCH DATE DETERMINED BY THE COMMISSIONER
PURSUANT TO SUBDIVISION THREE OF SECTION FORTY-ONE HUNDRED FORTY-EIGHT
OF THIS TITLE, SUCH CERTIFICATE OF DEATH SIGNED BY THE ATTENDING PHYSI-
CIAN OR NURSE PRACTITIONER IS AVAILABLE ELECTRONICALLY IN ACCORDANCE
WITH SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS TITLE, showing that
the death resulted from natural causes and was not a result of acci-
dental, suicidal, homicidal or other external causes.
3. No registrar of vital statistics shall receive any fee for the
issuance of burial or removal permits under this chapter EXCEPT AS
REFERENCED BY SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS TITLE AND
other than the compensation provided in this article.
5. If the interment, or other disposition of the body of a deceased
person is to be made within the state, the wording of the burial or
removal permit may be limited to a statement by the registrar, and over
his signature, that a satisfactory certificate of death, having been
filed with him, as required by law, permission is granted to inter,
S. 4668 4
remove or otherwise dispose of the body, stating the name, age, sex,
cause of death, and other necessary details [upon the form prescribed by
the commissioner] IN A MANNER AND FORMAT AS MAY BE REQUIRED BY THE
COMMISSIONER.
S 7. Subdivisions 1 and 4 of section 4161 of the public health law,
subdivision 1 as amended by chapter 589 of the laws of 1991 and subdivi-
sion 4 as amended by chapter 153 of the laws of 2011, are amended to
read as follows:
1. The certificate of fetal death and the report of fetal death shall
contain such information and be in such form as the commissioner may
prescribe; PROVIDED HOWEVER THAT COMMENCING ON OR AFTER JANUARY FIRST,
TWO THOUSAND FIFTEEN, OR ON SUCH DATE DETERMINED BY THE COMMISSIONER
PURSUANT TO SUBDIVISION THREE OF SECTION FORTY-ONE HUNDRED FORTY-EIGHT
OF THIS ARTICLE, INFORMATION AND SIGNATURES REQUIRED BY THIS SUBDIVISION
SHALL BE OBTAINED AND MADE IN ACCORDANCE WITH SECTION FORTY-ONE HUNDRED
FORTY-EIGHT OF THIS ARTICLE, except that unless requested by the woman
neither the certificate nor the report of fetal death shall contain the
name of the woman, her social security number or any other information
which would permit her to be identified except as provided in this
subdivision. The report shall state that a certificate of fetal death
was filed with the commissioner and the date of such filing. The commis-
sioner shall develop a unique, confidential identifier to be used on the
certificate of fetal death to be used in connection with the exercise of
the commissioner's authority to monitor the quality of care provided by
any individual or entity licensed to perform an abortion in this state
and to permit coordination of data concerning the medical history of the
woman for purposes of conducting surveillance scientific studies and
research pursuant to the provisions of paragraph (j) of subdivision one
of section two hundred six of this chapter.
4. When a fetal death occurs in a hospital, except in those cases
where certificates are issued by coroners or medical examiners, the
person in charge of such hospital or his or her designated represen-
tative shall promptly present the certificate to the physician or nurse
practitioner in attendance, or a physician or nurse practitioner acting
in his or her behalf, who shall promptly certify to the facts of birth
and of fetal death, provide the medical information required by the
certificate, sign the medical certificate of birth and death, and there-
upon return such certificate to such person, so that the seventy-two
hour registration time limit prescribed in section four thousand one
hundred sixty of this title can be met; PROVIDED, HOWEVER THAT COMMENC-
ING ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, OR ON SUCH DATE
DETERMINED BY THE COMMISSIONER PURSUANT TO SUBDIVISION THREE OF SECTION
FORTY-ONE HUNDRED FORTY-EIGHT OF THIS ARTICLE, INFORMATION AND SIGNA-
TURES REQUIRED BY THIS SUBDIVISION SHALL BE OBTAINED AND MADE IN ACCORD-
ANCE WITH SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS ARTICLE.
S 8. Subdivision 3 of section 4171 of the public health law is amended
to read as follows:
3. All certificates, either of birth or death, shall be written legi-
bly, in durable black ink, [and no] PROVIDED, HOWEVER, THAT COMMENCING
ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, OR ON SUCH DATE DETER-
MINED BY THE COMMISSIONER PURSUANT TO SUBDIVISION THREE OF SECTION
FORTY-ONE HUNDRED FORTY-EIGHT OF THIS ARTICLE, DEATH CERTIFICATES SHALL
BE COMPLETED IN ACCORDANCE WITH SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF
THIS ARTICLE. NO certificate, WHETHER FILED IN PAPER FORM OR DEATH
CERTIFICATE FILED ELECTRONICALLY IN ACCORDANCE WITH SECTION FORTY-ONE
HUNDRED FORTY-EIGHT OF THIS ARTICLE, shall be held to be complete and
S. 4668 5
correct that does not supply all of the items of information called for
therein, or satisfactorily account for their omission.
S 9. This act shall take effect immediately, provided that the commis-
sioner of health is authorized to promulgate regulations as necessary to
implement the provisions of this act.
