senate Bill S7863

2017-2018 Legislative Session

Relates to the disposition of fetal remains

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2018 referred to health

Co-Sponsors

S7863 (ACTIVE) - Details

See Assembly Version of this Bill:
A10013
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§4160, 4162, 4200 & 1389-dd, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
S1156, A6613

S7863 (ACTIVE) - Summary

Relates to the disposition of fetal remains.

S7863 (ACTIVE) - Sponsor Memo

S7863 (ACTIVE) - Bill Text download pdf


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

                                  7863

                            I N  S E N A T E

                              March 5, 2018
                               ___________

Introduced  by  Sen. TEDISCO -- 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 disposition of
  fetal remains

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 4160 of the public health law, as amended by chap-
ter 436 of the laws of 1967, subdivision 2 as amended and subdivisions 4
and 5 as added by chapter 809 of the laws of 1987 and subdivision  3  as
amended  by  chapter  552  of  the  laws  of 2011, is amended to read as
follows:
  § 4160. Fetal deaths; registration. 1. Fetal death is defined as death
prior to the complete expulsion or extraction from its mother of a prod-
uct of conception; the death is indicated by the fact  that  after  such
separation,  the  fetus  does  not breathe or show any other evidence of
life such as beating of the heart, pulsation of the umbilical  cord,  or
definite movement of voluntary muscles.
  2.  A  fetal  death shall be registered within seventy-two hours after
expulsion of [such fetus] A FETUS OF  ANY  GESTATIONAL  AGE,  by  filing
directly with the commissioner a certificate of such death. In addition,
a  report  of  fetal  death  shall  be  reported to the registrar in the
district in which the fetal death occurred.
  3. IN THE CASE OF A SPONTANEOUS FETAL DEATH AT  ANY  GESTATIONAL  AGE,
THE  ATTENDING  PHYSICIAN  OR  A PERSON DESIGNATED BY THE HOSPITAL SHALL
ENSURE THAT THE MOTHER OF THE FETUS IS INFORMED OF HER RIGHT  TO  ACCESS
THE  REPORT  OF  FETAL  DEATH AND TO DIRECT EITHER BURIAL, ENTOMBMENT OR
CREMATION OF THE FETAL REMAINS.
  4. 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.
  [4.] 5. Local registrars of each district in which fetal death certif-
icates were filed prior to the effective date of this subdivision  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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