NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A611
SPONSOR: Eichenstein TITLE OF BILL:
An act to amend the public health law, in relation to the disposition of
fetal remains
PURPOSE:
To allow a mother who has suffered a spontaneous miscarriage of her
pregnancy to be notified of her right to access the fetal death report,
and to obtain a burial permit to facilitate a proper burial, cremation,
or other dignified disposition of fetal remains.
SUMMARY OF PROVISIONS:
Section 1 amends Section 4160 of the public health law regarding regis-
tration of fetal deaths to ensure that a physician or hospital represen-
tative informs the mother who miscarried of her right to access the
report of fetal death and to direct proper burial and disposition of
remains. It further directs the state health commissioner to establish
regulations and allow the department to conduct educational programs
about the law.
Section 2 also amends Section 4160 of the public health law and section
4162 to make clear that fetal remains resulting from a spontaneous fetal
death shall be released to the mother upon her request, and that the
mother or funeral director may access the fetal death report to obtain
the permit for removal, transportation and burial or other proper dispo-
sition.
Section 3 amends this law to restate, under the duty of burial for human
cadavers, that fetal remains resulting from a spontaneous fetal death
must be released to the mother upon her request, and that all costs
associated with the burial, entombment or cremation of fetal remains
shall be borne by the mother.
Section 4 amends this article of the public health law to ensure that
burial, entombment or cremation of fetal remains from a spontaneous
fetal death, at the request of the mother, is a legal option for treat-
ment and disposal of regulated medical waste.
JUSTIFICATION:
Under current New York State Public Health Law, a burial permit and
proper disposition is only required for the remains of fetal deaths
occurring at 20 weeks gestation or greater. The law is silent on the
remains of fetal deaths occurring under 20 weeks gestation. When a fetal
death occurs under 20 weeks gestation due to an induced abortion, the
remains are usually incinerated or transported and disposed of as regu-
lated medical waste. But when a fetal death occurs under 20 weeks
gestation due to a spontaneous miscarriage of pregnancy, the mother has
no affirmative statutory right to be informed of her right to properly
dispose of her baby's remains. This denies parents the ability to grieve
for their lost loved one and to provide a dignified and respectful buri-
al, entombment, or cremation of their child's remains if they so choose.
This legislation would give families this statutory right.
LEGISLATIVE HISTORY:
01/03/24: A242- referred to Health
01/04/23: A242- referred to Health
01/05/22: A5826- referred to Health
02/26/21: A5826- referred to Health
07/06/20: A6613- enacting clause stricken
03/14/19: A6613- referred to Health
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State. The financial burden would fall to the mother who
chooses to properly .dispose of her baby's remains.
EFFECTIVE DATE:
This act shall take effect immediately.
