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A01351 Summary:

A01351 Actions:

A01351 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:02/24/2025AYE/NAY:24/0  Action: Favorable         
Paulin
Aye
Jensen
Aye
Dinowitz
Aye
Gandolfo
Aye
Rosenthal
Aye
Blumencranz
Aye
Hevesi
Aye
Gray
Aye
Steck
Aye
Maher
Aye
Braunstein
Aye
Slater
Aye
Solages
Aye
Chludzinski
Aye
Bichotte Hermel
Excused
Norber
Aye
Sayegh
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Absent
Kelles
Aye
Lucas
Aye
Meeks
Aye
Lunsford
Aye

A01351 Floor Votes:

A01351 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1351
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by  M.  of  A. GONZALEZ-ROJAS, BICHOTTE HERMELYN, SEAWRIGHT,
          REYES, SHIMSKY, FORREST, LEVENBERG, SEPTIMO -- read once and  referred
          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:
 
     1    Section  1. Section 4161 of the public health law, as amended by chap-
     2  ter 436 of the laws of 1967, the section heading and subdivisions 2  and
     3  3 as amended by chapter 153 of the laws of 2011, subdivisions 1 and 4 as
     4  amended  by  chapter  352  of  the  laws  of 2013, is amended to read as
     5  follows:
     6    § 4161. Fetal death certificates; form and content[; physicians, nurse
     7  practitioners, midwives, and hospital administrators].   1. The  certif-
     8  icate  of  fetal  death and the report of fetal death shall contain such
     9  information and be in such  form  as  the  commissioner  may  prescribe;
    10  provided  however  that  commencing  on or after the implementation date
    11  under section forty-one hundred forty-eight of this article, information
    12  and signatures required by this subdivision shall be obtained  and  made
    13  in  accordance  with section forty-one hundred forty-eight of this arti-
    14  cle, except that unless requested by the [woman] birthing parent neither
    15  the certificate nor the report of fetal death shall contain the name  of
    16  the [woman] birthing parent, [her] the birthing parent's social security
    17  number  or  any  other information which would permit [her] the birthing
    18  parent to be identified except as  provided  in  this  subdivision.  The
    19  report  shall state that a certificate of fetal death was filed with the
    20  commissioner and the date of such filing. The commissioner shall develop
    21  a unique, confidential identifier to be used on the certificate of fetal
    22  death to be used in connection with the exercise of  the  commissioner's
    23  authority  to  monitor the quality of care provided by any individual or
    24  entity licensed to perform an abortion in this state and to permit coor-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03295-01-5
        A. 1351                             2
 
     1  dination of data concerning the  medical  history  of  the  [woman]  the
     2  birthing  parent  for  purposes  of  conducting  surveillance scientific
     3  studies and research pursuant to the  provisions  of  paragraph  (j)  of
     4  subdivision one of section two hundred six of this chapter.
     5    2.  In  each case where a physician [or], nurse practitioner, midwife,
     6  or physician assistant was in attendance at or after a fetal  death,  it
     7  is  the duty of such [physician or nurse] practitioner to certify to the
     8  birth and to the cause of death on the fetal death certificate. [Where a
     9  nurse-midwife was in attendance at a fetal death it is the duty of  such
    10  nurse-midwife  to  certify to the birth but, he or she shall not certify
    11  to the cause of death on the fetal death certificate.]
    12    3. Fetal deaths occurring without the attendance of  a  [physician  or
    13  nurse] practitioner as provided in subdivision two of this section shall
    14  be  treated  as  deaths  without medical attendance, as provided in this
    15  article.
    16    4. When a fetal death occurs in a  hospital,  except  in  those  cases
    17  where  certificates  are  issued  by  coroners or medical examiners, the
    18  person in charge of such hospital or [his or her] such  person's  desig-
    19  nated  representative  shall  promptly  present  the  certificate to the
    20  physician [or], nurse practitioner, midwife, or physician  assistant  in
    21  attendance,  or a physician [or], nurse practitioner, midwife, or physi-
    22  cian assistant acting [in his or her] on such practitioner's behalf, who
    23  shall promptly certify to the facts of birth and of fetal death, provide
    24  the medical information required by the certificate,  sign  the  medical
    25  certificate of birth and death, and thereupon return such certificate to
    26  such  person,  so  that  the  seventy-two  hour  registration time limit
    27  prescribed in section four thousand one hundred sixty of this title  can
    28  be met; provided, however that commencing on or after the implementation
    29  date under section forty-one hundred forty-eight of this article, infor-
    30  mation and signatures required by this subdivision shall be obtained and
    31  made  in  accordance  with section forty-one hundred forty-eight of this
    32  article.
    33    § 2. This act shall take effect immediately.