Senate Bill S3451

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3451
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  CLEARE,  MYRIE -- 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  certification  of
   fetal death certificates by a midwife or physician assistant
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4161 of the public health law, as amended by  chap-
 ter  436 of the laws of 1967, the section heading and subdivisions 2 and
 3 as amended by chapter 153 of the laws of 2011, subdivisions 1 and 4 as
 amended by chapter 352 of the laws  of  2013,  is  amended  to  read  as
 follows:
   § 4161. Fetal death certificates; form and content[; physicians, nurse
 practitioners,  midwives,  and hospital administrators].  1. The certif-
 icate 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  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  arti-
 cle,  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 commis-
 sioner  and  the  date  of such filing. The commissioner 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 coor-
 dination  of  data  concerning  the  medical  history  of  the woman for
 purposes of conducting  surveillance  scientific  studies  and  research
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06158-01-3
              

 S. 3451                             2
 
 pursuant  to  the  provisions  of  paragraph  (j)  of subdivision one of
 section two hundred six of this chapter.
   2.  In  each case where a physician [or], nurse practitioner, MIDWIFE,
 OR PHYSICIAN ASSISTANT was in attendance at or after a fetal  death,  it
 is  the duty of such [physician or nurse] practitioner to certify to the
 birth and to the cause of death on the fetal death certificate. [Where a
 nurse-midwife was in attendance at a fetal death it is the duty of  such
 nurse-midwife  to  certify to the birth but, he or she shall not certify
 to the cause of death on the fetal death certificate.]
   3. Fetal deaths occurring without the attendance of  a  [physician  or
 nurse] practitioner as provided in subdivision two of this section shall
 be  treated  as  deaths  without medical attendance, as provided in this
 article.
   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, MIDWIFE, OR PHYSICIAN ASSISTANT in attendance, or  a
 physician  [or],  nurse  practitioner,  MIDWIFE,  OR PHYSICIAN ASSISTANT
 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
 thereupon  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.
   § 2. This act shall take effect immediately.