STATE OF NEW YORK ________________________________________________________________________ 4023 2025-2026 Regular Sessions IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to reporting pregnan- cy losses and clarifying which agencies are responsible for such reports; and providing for the repeal of certain provisions upon expi- ration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The title heading of title 5 of article 41 of the public 2 health law, as amended by chapter 436 of the laws of 1967, is amended to 3 read as follows: 4 [REGISTRATION OF FETAL DEATHS] REPORTING OF PREGNANCY LOSS 5 § 2. Section 4160 of the public health law, as amended by chapter 436 6 of the laws of 1967, subdivision 2 as amended and subdivisions 4 and 5 7 as added by chapter 809 of the laws of 1987 and subdivision 3 as amended 8 by chapter 552 of the laws of 2011, is amended to read as follows: 9 § 4160. [Fetal deaths; registration] Pregnancy loss; reporting. 1. 10 [Fetal death] Pregnancy loss is defined as [death prior to the complete 11 expulsion or extraction from its mother of a product of conception; the 12 death is indicated by the fact that after such separation, the fetus 13 does not breathe or show any other evidence of life such as beating of 14 the heart, pulsation of the umbilical cord, or definite movement of 15 voluntary muscles] the loss of a pregnancy at any gestation, as 16 confirmed by a health care provider licensed pursuant to title eight of 17 the education law and acting within such health care provider's scope of 18 practice, including spontaneous miscarriage, still birth, or any termi- 19 nation of pregnancy which is consistent with the requirements of article 20 twenty-five-a of this chapter. 21 2. A pregnancy loss caused by spontaneous miscarriage or still birth 22 shall be registered within seventy-two hours of the pregnancy loss by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04059-02-5
A. 4023 2 1 electronically filing directly with the department of health, a report 2 of such loss. 3 3. A [fetal death] pregnancy loss due to an induced termination of 4 pregnancy shall be registered within seventy-two hours [after expulsion 5 of such fetus] of such pregnancy loss if the individual experiencing the 6 pregnancy loss requests such registration to facilitate disposition of 7 the products of conception in accordance with section forty-one hundred 8 sixty-two of this title, by filing directly with the [commissioner] 9 department of health, a [certificate] report of such [death] loss. [In 10 addition, a] Such report [of fetal death] shall be [reported] limited to 11 the [registrar in the district in which the fetal death occurred] infor- 12 mation strictly necessary to facilitate disposition. 13 [3. For the purposes of this article, a fetal death shall be consid- 14 ered as a birth and as a death except that, for a fetal death, separate 15 birth and death certificates shall not be required to be prepared and 16 recorded, except as provided in section forty-one hundred sixty-a of 17 this title. 18 4. Local registrars of each district in which fetal death certificates 19 were filed prior to the effective date of this subdivision shall dispose 20 of such certificates in the manner prescribed by the commissioner. 21 5.] 4. Notwithstanding any other provision of this chapter, the 22 disclosure of information filed pursuant to this section shall be limit- 23 ed to the [mother] individual who experienced the pregnancy loss, [her] 24 such individual's lawful representative and to authorized personnel of 25 the department. Nothing in this section shall prohibit disclosure of 26 deidentified information in compliance with federal reporting require- 27 ments. 28 § 3. Subdivision 3 of section 4160 of the public health law, as 29 amended by section two of this act, is amended to read as follows: 30 3. A pregnancy loss due to an induced termination of pregnancy shall 31 be registered within seventy-two hours of such pregnancy loss if the 32 individual experiencing the pregnancy loss requests such registration to 33 facilitate disposition of the products of conception in accordance with 34 section forty-one hundred sixty-two of this title, by electronically 35 filing directly with the department of health, a report of such loss. 36 Such report shall be limited to the information strictly necessary to 37 facilitate disposition. 38 § 4. Section 4160-a of the public health law, as added by chapter 552 39 of the laws of 2011, is amended to read as follows: 40 § 4160-a. Certificate of still birth. 1. The department, or in the 41 city of New York, the [board] New York city department of health and 42 mental hygiene, shall establish a certificate of still birth. [The 43 registrar with whom a fetal death certificate is filed] The department, 44 or in the city of New York, the New York city department of health and 45 mental hygiene, shall issue a certificate of still birth [to the parent 46 or parents named on a fetal death certificate issued in the case of a 47 stillbirth,] upon the request of such parent or parents who experienced 48 the still birth. If both parents are deceased at the time of the 49 [stillbirth] still birth, the [registrar] department, or in the city of 50 New York, the New York city department of health and mental hygiene 51 shall issue the certificate to, and upon the request of, the lawful 52 estate representative, the sibling, parent, or parents of the [birth] 53 parents. 54 2. A certificate issued pursuant to this section shall include such 55 appropriate information as shall be determined by the department or if 56 the stillbirth occurred in the city of New York, by the [board] New York
A. 4023 3 1 city department of health and mental hygiene, and shall be on a form 2 established by the department or [city of] New York [board] city depart- 3 ment of health and mental hygiene which is similar, as applicable, to 4 the form of a certificate prescribed by section forty-one hundred thirty 5 of this article relating to a live birth. The department, or in the 6 city of New York, the New York city department of health and mental 7 hygiene, shall provide for the submission of such form through electron- 8 ic means. 9 3. [A person who prepares a fetal death certificate pursuant to 10 section forty-one hundred sixty of this title or, if the stillbirth 11 occurred in the city of New York, pursuant to the New York City health 12 code, or their designee, shall inform,] The provider attending the still 13 birth or such provider's designee shall inform the parents in writing, 14 [the parent or parents of a stillborn fetus] of the right to receive a 15 certificate of still birth. Provided, however that if both parents are 16 deceased at the time of such stillbirth, then the person shall so inform 17 the lawful estate representative, sibling, parent or parents of the 18 [birth] parent or parents. 19 4. The person who prepares a request for a certificate pursuant to 20 this section shall include thereon the name given to the stillborn fetus 21 by the parents, if the parent or parents wish to include such name on 22 such certificate. 23 5. A certificate issued pursuant to this section shall not constitute 24 proof of a live birth. Furthermore, such certificate shall not be used 25 to calculate live birth statistics. 26 6. Notwithstanding any other provision of this chapter, the parent or 27 parents may elect to have the disclosure of and access to the informa- 28 tion included on such certificate limited to the parents named on the 29 certificate, their lawful representatives, to authorized personnel of 30 the department, [and to the registrar] or, in the city of New York, 31 personnel of the New York city department of health and mental hygiene. 32 7. For the purposes of this section, the term "stillbirth" shall mean 33 the [unintended] intrauterine death of a fetus that occurs after the 34 clinical estimate of the twentieth week of gestation. 35 8. A certificate of still birth may be requested and issued regardless 36 of the date on which the [fetal death] pregnancy loss certificate was 37 issued. 38 9. The [registrar] department, or in the city of New York, the New 39 York city department of health and mental hygiene may charge a fee for 40 the issuance of a certificate under this section equal to the fee 41 authorized by law for the certification of a birth or death. 42 10. This section shall apply to the city of New York, notwithstanding 43 section forty-one hundred four of this article. [For the purposes of 44 this section, in relation to the city of New York, the term "registrar" 45 shall mean the official of the city of New York with whom fetal death 46 certificates are filed.] 47 § 5. Section 4161 of the public health law, as amended by chapter 436 48 of the laws of 1967, the section heading and subdivisions 2 and 3 as 49 amended by chapter 153 of the laws of 2011, subdivisions 1 and 4 as 50 amended by chapter 352 of the laws of 2013, is amended to read as 51 follows: 52 § 4161. [Fetal death] Pregnancy loss certificates; form and content; 53 [physicians, nurse practitioners, midwives, and hospital administrators] 54 Health care professionals and hospital administrators. 55 1. The certificate of [fetal death] pregnancy loss and the report of 56 [fetal death] pregnancy loss shall contain such information and be in
A. 4023 4 1 such form as the commissioner may prescribe; provided however that 2 commencing on or after the implementation date under section forty-one 3 hundred forty-eight of this article, information and signatures required 4 by this subdivision shall be obtained and made in accordance with 5 section forty-one hundred forty-eight of this article, except that 6 unless requested by the [woman] individual who experienced the pregnancy 7 loss neither the certificate nor the report of [fetal death] pregnancy 8 loss shall contain the name of the [woman] individual, [her] such indi- 9 vidual's social security number or any other information, alone or in 10 combination, which would permit [her] such individual to be identified 11 except as provided in this subdivision. The report shall state that a 12 certificate of [fetal death] pregnancy loss was filed with the commis- 13 sioner and the date of such filing. [The commissioner shall develop a 14 unique, confidential identifier to be used on the certificate of fetal 15 death to be used in connection with the exercise of the commissioner's 16 authority to monitor the quality of care provided by any individual or 17 entity licensed to perform an abortion in this state and to permit coor- 18 dination of data concerning the medical history of the woman for 19 purposes of conducting surveillance scientific studies and research 20 pursuant to the provisions of paragraph (j) of subdivision one of 21 section two hundred six of this chapter.] 22 2. In each case where a [physician or nurse practitioner] health care 23 provider licensed pursuant to title eight of the education law and 24 acting within the scope of such health care provider's practice was in 25 attendance at or after a [fetal death] pregnancy loss, it is the duty of 26 such [physician or nurse practitioner] health care provider to certify 27 [to] the [birth and to the cause of death on the fetal death] pregnancy 28 loss certificate. [Where a nurse-midwife was in attendance at a fetal 29 death it is the duty of such nurse-midwife to certify to the birth but, 30 he or she shall not certify to the cause of death on the fetal death 31 certificate.] 32 3. [Fetal deaths] Pregnancy losses occurring without the attendance of 33 a [physician or nurse practitioner] health care provider as provided in 34 subdivision two of this section shall be treated as [deaths] occurring 35 without medical attendance, as provided in this article. 36 4. When a [fetal death] pregnancy loss occurs in a hospital, except in 37 those cases where certificates are issued by coroners or medical examin- 38 ers, the person in charge of such hospital or [his or her] such person's 39 designated representative shall ensure that the certificate is promptly 40 [present the certificate to the physician or nurse practitioner in 41 attendance, or a physician or nurse practitioner acting in his or her 42 behalf, who shall promptly certify to the facts of birth and of fetal 43 death, provide the medical information required by the certificate, sign 44 the medical certificate of birth and death, and thereupon return such 45 certificate to such person, so that the seventy-two hour registration 46 time limit prescribed in section four thousand one hundred sixty of this 47 title can be met; provided, however that commencing on or after the 48 implementation date under section forty-one hundred forty-eight of this 49 article, information and signatures required by this subdivision shall 50 be obtained and made in accordance with section forty-one hundred 51 forty-eight of this article] prepared in accordance with the provisions 52 of this article and regulations as promulgated by the commissioner of 53 health. 54 § 6. Section 4163 of the public health law, as added by chapter 589 of 55 the laws of 1991, is amended to read as follows:
A. 4023 5 1 § 4163. Penalties. Any person who shall release information which 2 might disclose the identity of the [woman] pregnant person in connection 3 with a certificate of [fetal death] pregnancy loss or report of [fetal 4 death] pregnancy loss in violation of the provisions of this title shall 5 be subject to a civil penalty not to exceed five thousand dollars for 6 each such release. Such penalty may be recovered in the same manner as 7 the penalty provided in section twelve of this chapter. 8 § 7. Section 4162 of the public health law, as amended by chapter 809 9 of the laws of 1987, is amended to read as follows: 10 § 4162. [Fetal deaths] Products of conception; burial and removal; 11 permits. 1. [A] Upon request a permit shall be [required] issued for 12 the removal, transportation, burial or other disposition of [remains 13 resulting from a fetal death, other than fetal tissue, hydatidiform mole 14 or other evidence of pregnancy recovered by curettage or operative 15 procedures or other products of conception of under twenty weeks uterog- 16 estation] products of conception. 17 2. Such permit shall be issued by the local registrar of the district 18 in which the [fetal death] pregnancy loss occurred upon [presentation] 19 request by the funeral director [of a report of fetal death] seeking to 20 take possession of the products of conception, on the form prescribed by 21 the commissioner. The issuance of such permit shall be subject to the 22 provisions of title IV of this article. 23 § 8. This act shall take effect immediately; provided, however that 24 the amendments to subdivision 2 of section 4160 of the public health law 25 made by section two of this act shall expire and be deemed repealed 26 September 30, 2026, when upon the provisions of section three of this 27 act shall take effect.