S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5826
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- 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:

   Section  1. Section 4160 of the public health law, as amended by chap-
 ter 436 of the laws of 1967, subdivision 2 as amended and subdivisions 4
 and 5 as added by chapter 809 of the laws of 1987 and subdivision  3  as
 amended  by  chapter  552  of  the  laws  of 2011, is amended to read as
 follows:
   § 4160. Fetal deaths; registration. 1. Fetal death is defined as death
 prior to the complete expulsion or extraction from its mother of a prod-
 uct of conception; the death is indicated by the fact  that  after  such
 separation,  the  fetus  does  not breathe or show any other evidence of
 life such as beating of the heart, pulsation of the umbilical  cord,  or
 definite movement of voluntary muscles.
   2.  A  fetal  death shall be registered within seventy-two hours after
 expulsion of [such fetus] A FETUS OF  ANY  GESTATIONAL  AGE,  by  filing
 directly with the commissioner a certificate of such death. In addition,
 a  report  of  fetal  death  shall  be  reported to the registrar in the
 district in which the fetal death occurred.
   3. IN THE CASE OF A SPONTANEOUS FETAL DEATH AT  ANY  GESTATIONAL  AGE,
 THE  ATTENDING  PHYSICIAN  OR  A PERSON DESIGNATED BY THE HOSPITAL SHALL
 ENSURE THAT THE MOTHER OF THE FETUS IS INFORMED OF HER RIGHT  TO  ACCESS
 THE  REPORT  OF  FETAL  DEATH AND TO DIRECT EITHER BURIAL, ENTOMBMENT OR
 CREMATION OF THE FETAL REMAINS.
   4. For the purposes of this article, a fetal death shall be considered
 as a birth and as a death except that, for a fetal death, separate birth
 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.
                                                            LBD03883-01-1
              

 A. 5826                             2
 
 recorded,  except  as  provided  in section forty-one hundred sixty-a of
 this title.
   [4.] 5. Local registrars of each district in which fetal death certif-
 icates  were filed prior to the effective date of this subdivision shall
 dispose of such certificates in the manner prescribed by the commission-
 er.
   [5.] 6. Notwithstanding any  other  provision  of  this  chapter,  the
 disclosure of information filed pursuant to this section shall be limit-
 ed  to the mother, her lawful representative and to authorized personnel
 of the department.
   § 2. Section 4162 of the public health law, as amended by chapter  809
 of the laws of 1987, is amended to read as follows:
   §  4162.  Fetal  deaths; burial and removal; permits.  1.  THE REMAINS
 RESULTING FROM A SPONTANEOUS FETAL DEATH AT ANY GESTATIONAL AGE SHALL BE
 RELEASED TO THE MOTHER OF THE FETUS UPON REQUEST AND UPON ISSUANCE OF  A
 PERMIT PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   2.  A permit shall be required for the removal, transportation, burial
 or other disposition of remains resulting from a fetal death, other than
 fetal tissue, hydatidiform mole or other evidence of pregnancy recovered
 by curettage or operative procedures or other products of conception  of
 under twenty weeks uterogestation.
   [2.]  3.  Such  permit  shall  be issued by the local registrar of the
 district in which the fetal death  occurred  upon  presentation  by  the
 funeral  director OR THE MOTHER OF THE FETUS of a report of fetal death,
 on the form prescribed by the commissioner. The issuance of such  permit
 shall be subject to the provisions of title IV of this article.
   4.  THE  PHYSICIAN  OR  A PERSON DESIGNATED BY A HOSPITAL SHALL ENSURE
 THAT THE MOTHER OF THE FETUS IS INFORMED  BOTH  ORALLY  AND  IN  WRITING
 ABOUT HER RIGHT TO ACCESS THE REPORT OF FETAL DEATH AND TO DIRECT EITHER
 BURIAL, ENTOMBMENT OR CREMATION OF THE FETAL REMAINS.
   §  3.  Section  4200  of  the  public health law is amended to read as
 follows:
   § 4200. Cadavers; duty of burial. 1. Except in the cases  in  which  a
 right  to  dissect  it  is  expressly  conferred by law, every body of a
 deceased person, within this state, shall be decently buried or inciner-
 ated within a reasonable time after death.
   2.  THE REMAINS RESULTING FROM A SPONTANEOUS FETAL DEATH AT ANY GESTA-
 TIONAL AGE SHALL BE RELEASED TO THE MOTHER OF THE FETUS UPON REQUEST, IN
 ACCORDANCE WITH SECTION FORTY-ONE HUNDRED SIXTY-TWO OF THIS CHAPTER. ANY
 COSTS ASSOCIATED WITH THE RELEASE, BURIAL, ENTOMBMENT  OR  CREMATION  OF
 THESE FETAL REMAINS SHALL BE BORNE BY THE MOTHER.
   3.  The provisions of this section shall not impair the right to carry
 the body of a deceased person through this state, or to remove from this
 state the body of a person who has died within it, for  the  purpose  of
 burying the same elsewhere.
   §  4.  Subdivision  1  of  section 1389-dd of the public health law is
 amended by adding a new paragraph (e) to read as follows:
   (E) IN THE CASE OF REMAINS RESULTING FROM SPONTANEOUS FETAL DEATH,  BY
 BURIAL,  ENTOMBMENT  OR CREMATION AT THE REQUEST OF THE MOTHER, PURSUANT
 TO SECTION FORTY-ONE HUNDRED SIXTY-TWO OF THIS CHAPTER.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such date.