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

                                 7500--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2013
                               ___________

Introduced by M. of A. STECK, GOTTFRIED, SCHIMEL, GALEF -- read once and
  referred  to  the  Committee on Health -- reported and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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. THE  DEPARTMENT  IS
HEREBY  AUTHORIZED  AND  DIRECTED  TO  DESIGN, IMPLEMENT AND MAINTAIN AN
ELECTRONIC DEATH REGISTRATION SYSTEM FOR COLLECTING, STORING, RECORDING,
TRANSMITTING, AMENDING, CORRECTING AND  AUTHENTICATING  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.  AS PART OF THE DESIGN AND IMPLEMENTATION
OF THE SYSTEM ESTABLISHED BY THIS SECTION, THE DEPARTMENT SHALL  CONSULT
WITH ALL PERSONS AUTHORIZED TO USE SUCH SYSTEM TO THE EXTENT PRACTICABLE
AND  FEASIBLE.    THE  PAYMENT  REFERENCED  IN  SUBDIVISION FIVE 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  FIVE  OF  THIS SECTION.   EXCEPT AS SPECIFICALLY
PROVIDED IN THIS SECTION, THE EXISTING GENERAL DUTIES OF, AND  REMUNERA-
TION  RECEIVED BY, LOCAL REGISTRARS IN ACCEPTING AND FILING CERTIFICATES
OF DEATH AND ISSUING BURIAL AND REMOVAL PERMITS PURSUANT TO ANY  STATUTE
OR  REGULATION  SHALL  BE MAINTAINED, AND NOT ALTERED OR ABRIDGED IN ANY
WAY BY THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10525-02-3

              

A. 7500--A                          2

  2. COMMENCING ON THE IMPLEMENTATION DATE, THE DEPARTMENT SHALL REQUIRE
THAT DEATHS OCCURRING WITHIN THIS STATE MUST  BE  REGISTERED  USING  THE
ELECTRONIC  DEATH REGISTRATION SYSTEM ESTABLISHED IN THIS SECTION. ELEC-
TRONIC DEATH REGISTRATION MAY BE PHASED IN, AS DETERMINED BY THE COMMIS-
SIONER,  FOR  DEATHS  OCCURRING  IN THE STATE UNTIL THE ELECTRONIC DEATH
REGISTRATION SYSTEM IS FULLY IMPLEMENTED IN THE STATE.  AS USED IN  THIS
SECTION,  "IMPLEMENTATION  DATE"  MEANS  THE FIRST DAY IN JANUARY IN THE
SECOND YEAR AFTER THIS SECTION BECOMES A LAW, OR AS SOON  THEREAFTER  AS
THE  COMMISSIONER  REASONABLY  DETERMINES  BY  REGULATION IS FEASIBLE IN
LIGHT OF THE INTENT OF THIS SECTION.
  3. COMMENCING ON THE IMPLEMENTATION  DATE,  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.
  4. 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 TWO  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.
  5. LICENSED FUNERAL DIRECTORS AND UNDERTAKERS SHALL SUPPORT THE ESTAB-
LISHMENT AND MAINTENANCE OF THE  ELECTRONIC  DEATH  REGISTRATION  SYSTEM
THROUGH A PAYMENT, TENDERED FOR EACH BURIAL AND REMOVAL PERMIT ISSUED TO
A  LICENSED  FUNERAL  DIRECTOR  OR  UNDERTAKER,  IN THE AMOUNT OF TWENTY
DOLLARS, PROVIDED THAT SUCH PAYMENT SHALL BE CONSIDERED A COST OF OPERA-
TION AND THE FUNERAL DIRECTOR OR UNDERTAKER SHALL NOT CHARGE  ANY  ADDI-
TIONAL FEE RELATED TO SUCH PAYMENT FOR FUNERAL OR OTHER SERVICES.
  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 THE IMPLEMENTATION DATE UNDER SECTION FORTY-ONE HUNDRED FORTY-
EIGHT OF THIS TITLE, 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

A. 7500--A                          3

of  such  death,  [which certificate shall be upon the form] IN A MANNER
AND FORMAT AS  prescribed  by  the  commissioner,  WHICH  SHALL  INCLUDE
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 THE IMPLEMENTATION DATE UNDER 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 THE  IMPLEMENTATION  DATE  UNDER
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 THE  IMPLEMENTA-
TION  DATE  UNDER  SECTION  FORTY-ONE HUNDRED FORTY-EIGHT OF THIS TITLE,
SUCH CERTIFICATE OF DEATH SIGNED BY THE  ATTENDING  PHYSICIAN  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 accidental,
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,
remove or otherwise dispose of the body, stating  the  name,  age,  sex,
cause of death, and other necessary details [upon the form prescribed by

A. 7500--A                          4

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 THE IMPLEMENTA-
TION DATE UNDER 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 THE IMPLEMENTATION DATE UNDER 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.
  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 THE IMPLEMENTATION  DATE  UNDER  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 correct that does not
supply all of the items of information called for therein, or  satisfac-
torily account for their omission.
  S 9. This act shall take effect immediately, provided that the commis-
sioner  of  health  is  authorized  to  make regulations as necessary to
implement this act.