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This entry was published on 2014-09-22
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SECTION 4161
Fetal death certificates; form and content; physicians, nurse practitioners, midwives, and hospital administrators
Public Health (PBH) CHAPTER 45, ARTICLE 41, TITLE 5
§ 4161. Fetal death certificates; form and content; physicians, nurse
practitioners, midwives, and hospital administrators.

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
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, 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
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 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.

2. In each case where a physician or nurse practitioner 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
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 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 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 article.