The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10659
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   Bichotte Hermelyn) -- read once  and  referred  to  the  Committee  on
   Health
 
 AN  ACT to amend the public health law, in relation to treatment follow-
   ing the confirmation of fetal or embryo death in utero; to  amend  the
   public health law, in relation to requiring the commissioner of health
   to  establish  a registry of facilities providing certain services and
   to requiring hospitals to have healthcare providers on call to perform
   certain procedures; and to amend the education  law,  in  relation  to
   requiring training in certain procedures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Mickie's law".
   § 2. The public health law is amended by adding a new  section  2500-l
 to read as follows:
   §  2500-L.    TREATMENT  FOLLOWING  FETAL OR EMBRYO DEATH IN UTERO. 1.
 NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN THE EVENT THAT A FETUS
 OR EMBRYO DIES WHILE IN UTERO, AND SUCH DEATH IS CONFIRMED BY A  HEALTH-
 CARE  PROVIDER,  THE HEALTHCARE PROVIDER SHALL INFORM THE PATIENT OF THE
 OPTIONS FOR TREATMENT, INCLUDING SURGICAL EVACUATION, THE  INDUCTION  OF
 LABOR  AND  ALLOWING  THE  PATIENT  TO  SPONTANEOUSLY MISCARRY.   AT THE
 REQUEST OF THE PATIENT,  AND  IF  MEDICALLY  ADVISABLE,  THE  HEALTHCARE
 PROVIDER  SHALL  ARRANGE  FOR THE REMOVAL OF THE FETUS OR EMBRYO AND THE
 ASSOCIATED PRODUCTS OF CONCEPTION THROUGH  SURGICAL  EVACUATION  OR  THE
 COMMENCEMENT  OF  THE INDUCTION OF LABOR WITHIN FORTY-EIGHT HOURS OF THE
 CONFIRMATION OF FETAL OR EMBRYO DEATH. IF  THE  HEALTHCARE  PROVIDER  IS
 UNABLE  TO PROVIDE SUCH SERVICES WITHIN FORTY-EIGHT HOURS OF THE CONFIR-
 MATION OF FETAL OR EMBRYO DEATH, THE HEALTHCARE PROVIDER SHALL REFER THE
 PATIENT TO ANOTHER HEALTHCARE PROVIDER OR FACILITY ABLE TO  PROVIDE  THE
 SERVICES  WITHIN  THE  FORTY-EIGHT  HOUR TIME FRAME AND SHALL ADVISE THE
 PATIENT OF THE PROVIDER REGISTRY  ESTABLISHED  PURSUANT  TO  SUBDIVISION
 FIVE OF SECTION TWENTY-FIVE HUNDRED OF THIS ARTICLE.
   2.  IF  A  PATIENT  HAS  LEFT THE OFFICE OR FACILITY OF THE HEALTHCARE
 PROVIDER WHO CONFIRMED THE FETAL OR EMBRYO DEATH PRIOR TO BEING  ADVISED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16132-06-2
 A. 10659                            2
 
 OF  THE  DEATH, THE HEALTHCARE PROVIDER SHALL CONTACT THE PATIENT WITHIN
 TWENTY-FOUR HOURS OF CONFIRMATION OF THE FETAL OR EMBRYO DEATH AND NOTI-
 FY THE PATIENT OF THE DEATH.
   3. AS USED IN THIS SECTION, "HEALTHCARE PROVIDER" MEANS A PRACTITIONER
 IN  AN  INDIVIDUAL  PRACTICE,  GROUP PRACTICE, PARTNERSHIP, PROFESSIONAL
 CORPORATION OR OTHER AUTHORIZED FORM OF ASSOCIATION, A  HOSPITAL,  OR  A
 CLINIC PROVIDING REPRODUCTIVE HEALTHCARE SERVICES.
   § 3.  Section 2500 of the public health law is amended by adding a new
 subdivision 5 to read as follows:
   5.  THE COMMISSIONER, IN CONJUNCTION WITH THE DEPARTMENT OF EDUCATION,
 SHALL ESTABLISH A REGISTRY OF FACILITIES THAT  PERFORM  SURGICAL  INTER-
 VENTION PROCEDURES FOLLOWING THE DEATH OF A FETUS OR EMBRYO IN UTERO AND
 SHALL  MAKE  SUCH  REGISTRY  AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S
 WEBSITE. THE REGISTRY SHALL DISPLAY  THE  NAME,  ADDRESS  AND  TELEPHONE
 NUMBER  OF EACH SUCH FACILITY AND SHALL CONTAIN A LINK TO THE FACILITY'S
 WEBSITE, IF AVAILABLE.
   § 4.  Section 2803-n of the public health law is amended by  adding  a
 new subdivision 5 to read as follows:
   5.    THE  HOSPITAL SHALL HAVE AT LEAST ONE HEALTHCARE PROVIDER EITHER
 PRESENT IN THE HOSPITAL OR ON CALL TO PROVIDE CARE TO AN EXPECTANT MOTH-
 ER WHO REQUESTS SURGICAL EVACUATION OR THE INDUCTION OF LABOR AFTER  HER
 FETUS OR EMBRYO DIES IN UTERO.
   §  5.  The  education law is amended by adding a new section 6524-a to
 read as follows:
   § 6524-A. SPECIALIST TRAINING. ANY APPLICANT FOR A LICENSE UNDER  THIS
 ARTICLE  TO  PRACTICE  IN THE AREAS OF OBSTETRICS, GYNECOLOGY OR GENERAL
 SURGERY IS REQUIRED TO RECEIVE OR HAVE RECEIVED TRAINING  IN  PERFORMING
 DILATION  AND  CURETTAGE AND DILATION AND EVACUATION PROCEDURES PRIOR TO
 APPLICATION FOR SUCH LICENSE.
   § 6.  This act shall take effect on the thirtieth day after  it  shall
 have become a law.