Add 2500-l, amd 2500 & 2803-n, Pub Health L; add 6524-a, Ed L
Requires a healthcare provider to inform a patient of the options for treatment following confirmation of the death of a fetus or embryo in utero, including surgical evacuation, the induction of labor and allowing the patient to spontaneously miscarriage; requires the healthcare provider to arrange for the removal of the fetus or embryo and the associated products of conception through surgical evacuation or the induction of labor within forty-eight hours of the confirmation of fetal or embryo death if requested to do so by the patient and if medically advisable, or to refer the patient to another healthcare provider capable of providing such services and to advise the patient of the facility registry; requires a healthcare provider to notify the patient of fetal or embryo death within twenty-four hours of confirmation of the death; requires the commissioner of health to establish a registry of facilities that provide certain services; requires hospitals to have healthcare personnel on call to perform certain procedures following the death of a fetus or embryo in utero; and requires certain healthcare providers who apply for a license to practice certain specialties to have training in performing certain procedures.
STATE OF NEW YORK
________________________________________________________________________
10659
IN ASSEMBLY
August 12, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A.
Bichotte Hermelyn) -- read once and referred to the Committee on
Health
AN ACT to amend the public health law, in relation to treatment follow-
ing the confirmation of fetal or embryo death in utero; to amend the
public health law, in relation to requiring the commissioner of health
to establish a registry of facilities providing certain services and
to requiring hospitals to have healthcare providers on call to perform
certain procedures; and to amend the education law, in relation to
requiring training in certain procedures
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Mickie's law".
2 § 2. The public health law is amended by adding a new section 2500-l
3 to read as follows:
4 § 2500-l. Treatment following fetal or embryo death in utero. 1.
5 Notwithstanding any provision to the contrary, in the event that a fetus
6 or embryo dies while in utero, and such death is confirmed by a health-
7 care provider, the healthcare provider shall inform the patient of the
8 options for treatment, including surgical evacuation, the induction of
9 labor and allowing the patient to spontaneously miscarry. At the
10 request of the patient, and if medically advisable, the healthcare
11 provider shall arrange for the removal of the fetus or embryo and the
12 associated products of conception through surgical evacuation or the
13 commencement of the induction of labor within forty-eight hours of the
14 confirmation of fetal or embryo death. If the healthcare provider is
15 unable to provide such services within forty-eight hours of the confir-
16 mation of fetal or embryo death, the healthcare provider shall refer the
17 patient to another healthcare provider or facility able to provide the
18 services within the forty-eight hour time frame and shall advise the
19 patient of the provider registry established pursuant to subdivision
20 five of section twenty-five hundred of this article.
21 2. If a patient has left the office or facility of the healthcare
22 provider who confirmed the fetal or embryo death prior to being advised
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16132-06-2
A. 10659 2
1 of the death, the healthcare provider shall contact the patient within
2 twenty-four hours of confirmation of the fetal or embryo death and noti-
3 fy the patient of the death.
4 3. As used in this section, "healthcare provider" means a practitioner
5 in an individual practice, group practice, partnership, professional
6 corporation or other authorized form of association, a hospital, or a
7 clinic providing reproductive healthcare services.
8 § 3. Section 2500 of the public health law is amended by adding a new
9 subdivision 5 to read as follows:
10 5. The commissioner, in conjunction with the department of education,
11 shall establish a registry of facilities that perform surgical inter-
12 vention procedures following the death of a fetus or embryo in utero and
13 shall make such registry available to the public on the department's
14 website. The registry shall display the name, address and telephone
15 number of each such facility and shall contain a link to the facility's
16 website, if available.
17 § 4. Section 2803-n of the public health law is amended by adding a
18 new subdivision 5 to read as follows:
19 5. The hospital shall have at least one healthcare provider either
20 present in the hospital or on call to provide care to an expectant moth-
21 er who requests surgical evacuation or the induction of labor after her
22 fetus or embryo dies in utero.
23 § 5. The education law is amended by adding a new section 6524-a to
24 read as follows:
25 § 6524-a. Specialist training. Any applicant for a license under this
26 article to practice in the areas of obstetrics, gynecology or general
27 surgery is required to receive or have received training in performing
28 dilation and curettage and dilation and evacuation procedures prior to
29 application for such license.
30 § 6. This act shall take effect on the thirtieth day after it shall
31 have become a law.
