STATE OF NEW YORK ________________________________________________________________________ 1297--A 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. BICHOTTE HERMELYN, SIMON, GONZALEZ-ROJAS, REYES, COLTON, WALKER, GIBBS, KELLES, FORREST -- Multi-Sponsored by -- M. of A. LEVENBERG -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to requiring hospi- tals to adopt, implement and periodically update standard protocols for the management of fetal or embryo death in utero 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 2803-o-1 3 to read as follows: 4 § 2803-o-1. Required protocols for fetal or embryo death in utero. 5 Hospitals shall adopt, implement and periodically update standard proto- 6 cols for the management of fetal or embryo death in utero. Such proto- 7 cols shall include informing the patient of treatment options including 8 but be not limited to: (a) spontaneous miscarriage; (b) surgical evacu- 9 ation; and (c) the induction of labor. Such protocols shall require the 10 hospital to determine whether an expectant mother with a confirmed dead 11 fetus or embryo in utero is experiencing an emergency medical condition, 12 and upon making a diagnosis of an emergency medical condition, admit the 13 expectant mother to the hospital or treat them in the emergency room for 14 potential intervention, close observation, continuous monitoring and 15 stabilizing treatment until it is deemed medically safe for discharge or 16 transfer to another medical facility or unit, if necessary, in accord- 17 ance with the federal Emergency Medical Treatment and Labor Act (EMTA- 18 LA). 19 § 3. This act shall take effect on the thirtieth day after it shall 20 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01143-06-3