Legislation
SECTION 4161
Pregnancy loss certificates; form and content; health care professionals and hospital administrators
Public Health (PBH) CHAPTER 45, ARTICLE 41, TITLE 5
§ 4161. Pregnancy loss certificates; form and content; health care
professionals and hospital administrators. 1. The certificate of
pregnancy loss and the report of pregnancy loss 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 individual who experienced
the pregnancy loss neither the certificate nor the report of pregnancy
loss shall contain the name of the individual, such individual's social
security number or any other information, alone or in combination, which
would permit such individual to be identified except as provided in this
subdivision. The report shall state that a certificate of pregnancy loss
was filed with the commissioner and the date of such filing.
2. In each case where a health care provider licensed pursuant to
title eight of the education law and acting within the scope of such
health care provider's practice was in attendance at or after a
pregnancy loss, it is the duty of such health care provider to certify
the pregnancy loss certificate.
3. Where a pregnancy loss occurs without the attendance of a health
care provider as provided in subdivision two of this section and the
individual experiencing the pregnancy loss seeks disposition of the
products of conception in accordance with section forty-one hundred
sixty-two of this title, such individual may present themselves to the
coroner or medical director of the county, or if there be more than one,
to a coroner having jurisdiction, or to the medical examiner to certify
the pregnancy loss certificate. Provided, however, nothing in this
section shall provide the coroner, medical director, or medical examiner
with the authority to investigate an individual who experienced a
pregnancy loss.
4. When a pregnancy loss 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 such person's designated
representative shall ensure that the certificate is promptly prepared in
accordance with the provisions of this article and regulations as
promulgated by the commissioner.
professionals and hospital administrators. 1. The certificate of
pregnancy loss and the report of pregnancy loss 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 individual who experienced
the pregnancy loss neither the certificate nor the report of pregnancy
loss shall contain the name of the individual, such individual's social
security number or any other information, alone or in combination, which
would permit such individual to be identified except as provided in this
subdivision. The report shall state that a certificate of pregnancy loss
was filed with the commissioner and the date of such filing.
2. In each case where a health care provider licensed pursuant to
title eight of the education law and acting within the scope of such
health care provider's practice was in attendance at or after a
pregnancy loss, it is the duty of such health care provider to certify
the pregnancy loss certificate.
3. Where a pregnancy loss occurs without the attendance of a health
care provider as provided in subdivision two of this section and the
individual experiencing the pregnancy loss seeks disposition of the
products of conception in accordance with section forty-one hundred
sixty-two of this title, such individual may present themselves to the
coroner or medical director of the county, or if there be more than one,
to a coroner having jurisdiction, or to the medical examiner to certify
the pregnancy loss certificate. Provided, however, nothing in this
section shall provide the coroner, medical director, or medical examiner
with the authority to investigate an individual who experienced a
pregnancy loss.
4. When a pregnancy loss 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 such person's designated
representative shall ensure that the certificate is promptly prepared in
accordance with the provisions of this article and regulations as
promulgated by the commissioner.