S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1297
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. BICHOTTE HERMELYN, SIMON, GONZALEZ-ROJAS -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01143-01-3
              

 A. 1297                             2
 
   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
 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1297--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. BICHOTTE HERMELYN, SIMON, GONZALEZ-ROJAS, REYES,
   COLTON, WALKER, GIBBS, KELLES, FORREST -- Multi-Sponsored by -- M.  of
   A.   LEVENBERG -- read once and referred to the Committee on Health --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to amend the public health law, in relation to requiring hospi-
   tals to adopt, implement and periodically  update  standard  protocols
   for the management of fetal or embryo death in utero
 
   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 2803-o-1
 to read as follows:
   § 2803-O-1. REQUIRED PROTOCOLS FOR FETAL OR  EMBRYO  DEATH  IN  UTERO.
 HOSPITALS SHALL ADOPT, IMPLEMENT AND PERIODICALLY UPDATE STANDARD PROTO-
 COLS  FOR THE MANAGEMENT OF FETAL OR EMBRYO DEATH IN UTERO.  SUCH PROTO-
 COLS SHALL INCLUDE INFORMING THE PATIENT OF TREATMENT OPTIONS  INCLUDING
 BUT  BE NOT LIMITED TO: (A) SPONTANEOUS MISCARRIAGE; (B) SURGICAL EVACU-
 ATION; AND (C) THE INDUCTION OF LABOR.  SUCH PROTOCOLS SHALL REQUIRE THE
 HOSPITAL TO DETERMINE WHETHER AN EXPECTANT MOTHER WITH A CONFIRMED  DEAD
 FETUS OR EMBRYO IN UTERO IS EXPERIENCING AN EMERGENCY MEDICAL CONDITION,
 AND UPON MAKING A DIAGNOSIS OF AN EMERGENCY MEDICAL CONDITION, ADMIT THE
 EXPECTANT MOTHER TO THE HOSPITAL OR TREAT THEM IN THE EMERGENCY ROOM FOR
 POTENTIAL  INTERVENTION,  CLOSE  OBSERVATION,  CONTINUOUS MONITORING AND
 STABILIZING TREATMENT UNTIL IT IS DEEMED MEDICALLY SAFE FOR DISCHARGE OR
 TRANSFER TO ANOTHER MEDICAL FACILITY OR UNIT, IF NECESSARY,  IN  ACCORD-
 ANCE  WITH  THE FEDERAL EMERGENCY MEDICAL TREATMENT AND LABOR ACT (EMTA-
 LA).
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01143-06-3