Bill Text: NY A06613 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the disposition of fetal remains.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-03-14 - referred to health [A06613 Detail]

Download: New_York-2019-A06613-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6613
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 14, 2019
                                       ___________
        Introduced by M. of A. CRESPO, CUSICK, SANTABARBARA, FITZPATRICK, WALSH,
          TAGUE, DiPIETRO -- read once and referred to the Committee on Health
        AN ACT to amend the public health law, in relation to the disposition of
          fetal remains
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 4160 of the public health law, as amended by  chap-
     2  ter 436 of the laws of 1967, subdivision 2 as amended and subdivisions 4
     3  and  5  as added by chapter 809 of the laws of 1987 and subdivision 3 as
     4  amended by chapter 552 of the laws  of  2011,  is  amended  to  read  as
     5  follows:
     6    § 4160. Fetal deaths; registration. 1. Fetal death is defined as death
     7  prior to the complete expulsion or extraction from its mother of a prod-
     8  uct  of  conception;  the death is indicated by the fact that after such
     9  separation, the fetus does not breathe or show  any  other  evidence  of
    10  life  such  as beating of the heart, pulsation of the umbilical cord, or
    11  definite movement of voluntary muscles.
    12    2. A fetal death shall be registered within  seventy-two  hours  after
    13  expulsion  of  [such  fetus]  a  fetus of any gestational age, by filing
    14  directly with the commissioner a certificate of such death. In addition,
    15  a report of fetal death shall  be  reported  to  the  registrar  in  the
    16  district in which the fetal death occurred.
    17    3.  In  the  case of a spontaneous fetal death at any gestational age,
    18  the attending physician or a person designated  by  the  hospital  shall
    19  ensure  that  the mother of the fetus is informed of her right to access
    20  the report of fetal death and to direct  either  burial,  entombment  or
    21  cremation of the fetal remains.
    22    4. For the purposes of this article, a fetal death shall be considered
    23  as a birth and as a death except that, for a fetal death, separate birth
    24  and  death  certificates  shall  not  be  required  to  be  prepared and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06461-01-9

        A. 6613                             2
     1  recorded, except as provided in section  forty-one  hundred  sixty-a  of
     2  this title.
     3    [4.] 5. Local registrars of each district in which fetal death certif-
     4  icates  were filed prior to the effective date of this subdivision shall
     5  dispose of such certificates in the manner prescribed by the commission-
     6  er.
     7    [5.] 6. Notwithstanding any  other  provision  of  this  chapter,  the
     8  disclosure of information filed pursuant to this section shall be limit-
     9  ed  to the mother, her lawful representative and to authorized personnel
    10  of the department.
    11    § 2. Section 4162 of the public health law, as amended by chapter  809
    12  of the laws of 1987, is amended to read as follows:
    13    §  4162.  Fetal  deaths; burial and removal; permits.  1.  The remains
    14  resulting from a spontaneous fetal death at any gestational age shall be
    15  released to the mother of the fetus upon request and upon issuance of  a
    16  permit pursuant to subdivision three of this section.
    17    2.  A permit shall be required for the removal, transportation, burial
    18  or other disposition of remains resulting from a fetal death, other than
    19  fetal tissue, hydatidiform mole or other evidence of pregnancy recovered
    20  by curettage or operative procedures or other products of conception  of
    21  under twenty weeks uterogestation.
    22    [2.]  3.  Such  permit  shall  be issued by the local registrar of the
    23  district in which the fetal death  occurred  upon  presentation  by  the
    24  funeral  director or the mother of the fetus of a report of fetal death,
    25  on the form prescribed by the commissioner. The issuance of such  permit
    26  shall be subject to the provisions of title IV of this article.
    27    4.  The  physician  or  a person designated by a hospital shall ensure
    28  that the mother of the fetus is informed  both  orally  and  in  writing
    29  about her right to access the report of fetal death and to direct either
    30  burial, entombment or cremation of the fetal remains.
    31    §  3.  Section  4200  of  the  public health law is amended to read as
    32  follows:
    33    § 4200. Cadavers; duty of burial. 1. Except in the cases  in  which  a
    34  right  to  dissect  it  is  expressly  conferred by law, every body of a
    35  deceased person, within this state, shall be decently buried or inciner-
    36  ated within a reasonable time after death.
    37    2.  The remains resulting from a spontaneous fetal death at any gesta-
    38  tional age shall be released to the mother of the fetus upon request, in
    39  accordance with section forty-one hundred sixty-two of this chapter. Any
    40  costs associated with the release, burial, entombment  or  cremation  of
    41  these fetal remains shall be borne by the mother.
    42    3.  The provisions of this section shall not impair the right to carry
    43  the body of a deceased person through this state, or to remove from this
    44  state the body of a person who has died within it, for  the  purpose  of
    45  burying the same elsewhere.
    46    §  4.  Subdivision  1  of  section 1389-dd of the public health law is
    47  amended by adding a new paragraph (e) to read as follows:
    48    (e) In the case of remains resulting from spontaneous fetal death,  by
    49  burial,  entombment  or cremation at the request of the mother, pursuant
    50  to section forty-one hundred sixty-two of this chapter.
    51    § 5. This act shall take effect on the ninetieth day  after  it  shall
    52  have  become  a  law.    Effective  immediately, the addition, amendment
    53  and/or repeal of any rule or regulation necessary for the implementation
    54  of this act on  its  effective  date  are  authorized  to  be  made  and
    55  completed on or before such date.
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