S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7204
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2023
                                ___________
 
 Introduced  by M. of A. BICHOTTE HERMELYN, ANDERSON, WALKER -- read once
   and referred to the Committee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  establishing
   protocols for the handling of stillbirths by healthcare facilities and
   establishing a stillbirth research database

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "Kennedy
 Grey Law".
   §  2.  Section 206 of the public health law is amended by adding a new
 subdivision 32 to read as follows:
   32. (A) THE COMMISSIONER, IN CONSULTATION  WITH  THE  STATE  BOARD  OF
 MEDICAL  EXAMINERS,  THE  NEW YORK BOARD OF NURSING, THE STATE BOARD FOR
 PSYCHOLOGY, AND THE STATE BOARD  FOR  SOCIAL  WORK,  SHALL  DEVELOP  AND
 PRESCRIBE  BY  REGULATION  COMPREHENSIVE  POLICIES  AND PROCEDURES TO BE
 FOLLOWED BY HEALTH CARE FACILITIES THAT  PROVIDE  BIRTHING  AND  NEWBORN
 CARE SERVICES IN THE STATE WHEN A STILLBIRTH OCCURS.
   (B)  THE  COMMISSIONER  SHALL REQUIRE AS A CONDITION OF LICENSURE THAT
 EACH HEALTH CARE FACILITY  IN  THE  STATE  THAT  PROVIDES  BIRTHING  AND
 NEWBORN  CARE  SERVICES ADHERE TO THE POLICIES AND PROCEDURES PRESCRIBED
 IN THIS SUBDIVISION. THE POLICIES AND PROCEDURES  SHALL  INCLUDE,  AT  A
 MINIMUM:
   (I)  PROTOCOLS  FOR ASSIGNING PRIMARY RESPONSIBILITY TO ONE PHYSICIAN,
 WHO SHALL COMMUNICATE THE CONDITION OF THE FETUS TO THE MOTHER AND FAMI-
 LY, AND INFORM AND COORDINATE STAFF TO ASSIST WITH LABOR, DELIVERY,  AND
 POSTMORTEM PROCEDURES;
   (II)  GUIDELINES TO ASSESS A FAMILY'S LEVEL OF AWARENESS AND KNOWLEDGE
 REGARDING THE STILLBIRTH;
   (III) THE ESTABLISHMENT OF A BEREAVEMENT CHECKLIST,  AND  AN  INFORMA-
 TIONAL  PAMPHLET  TO BE GIVEN TO A FAMILY EXPERIENCING A STILLBIRTH THAT
 INCLUDES INFORMATION ABOUT FUNERAL AND CREMATION OPTIONS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01157-03-3
              

 A. 7204                             2
 
   (IV) PROVISION OF ONE-ON-ONE NURSING CARE  FOR  THE  DURATION  OF  THE
 MOTHER'S STAY AT THE FACILITY;
   (V)  TRAINING OF PHYSICIANS, NURSES, PSYCHOLOGISTS, AND SOCIAL WORKERS
 TO ENSURE THAT INFORMATION IS PROVIDED TO THE MOTHER AND FAMILY  EXPERI-
 ENCING  A  STILLBIRTH IN A SENSITIVE MANNER, INCLUDING INFORMATION ABOUT
 WHAT TO EXPECT, THE AVAILABILITY OF GRIEF COUNSELING, THE OPPORTUNITY TO
 DEVELOP A PLAN OF CARE THAT MEETS THE FAMILY'S  SOCIAL,  RELIGIOUS,  AND
 CULTURAL NEEDS, AND THE IMPORTANCE OF AN AUTOPSY AND THOROUGH EVALUATION
 OF THE FETUS;
   (VI)  BEST PRACTICES TO PROVIDE PSYCHOLOGICAL AND EMOTIONAL SUPPORT TO
 THE MOTHER AND FAMILY FOLLOWING A STILLBIRTH, INCLUDING REFERRING TO THE
 FETUS BY NAME, AND OFFERING THE FAMILY THE OPPORTUNITY TO CUT THE UMBIL-
 ICAL CORD, HOLD THE BABY WITH PRIVACY AND WITHOUT TIME RESTRICTIONS, AND
 PREPARE A MEMORY BOX WITH KEEPSAKES, SUCH  AS  A  HANDPRINT,  FOOTPRINT,
 BLANKET,  BRACELET,  LOCK  OF  HAIR, AND PHOTOGRAPHS, AND PROVISIONS FOR
 RETAINING THE KEEPSAKES FOR ONE YEAR IF THE FAMILY CHOOSES NOT  TO  TAKE
 THEM AT DISCHARGE;
   (VII)  PROTOCOLS TO ENSURE THAT THE PHYSICIAN ASSIGNED PRIMARY RESPON-
 SIBILITY FOR COMMUNICATING WITH THE FAMILY DISCUSSES THE  IMPORTANCE  OF
 AN  AUTOPSY  FOR THE FAMILY, INCLUDING THE SIGNIFICANCE OF AUTOPSY FIND-
 INGS ON FUTURE PREGNANCIES AND  THE  SIGNIFICANCE  THAT  DATA  FROM  THE
 AUTOPSY MAY HAVE FOR OTHER FAMILIES;
   (VIII)  PROTOCOLS  TO  ENSURE  COORDINATED  VISITS  TO THE FAMILY BY A
 HOSPITAL STAFF TRAINED TO ADDRESS THE PSYCHOSOCIAL  NEEDS  OF  A  FAMILY
 EXPERIENCING  A STILLBIRTH, PROVIDE GUIDANCE IN THE BEREAVEMENT PROCESS,
 ASSIST WITH COMPLETING ANY FORMS REQUIRED IN CONNECTION WITH THE  STILL-
 BIRTH AND AUTOPSY, AND OFFER THE FAMILY THE OPPORTUNITY TO MEET WITH THE
 HOSPITAL CHAPLAIN OR OTHER INDIVIDUAL FROM THE FAMILY'S RELIGIOUS COMMU-
 NITY; AND
   (IX)  GUIDELINES  FOR EDUCATING HEALTH CARE PROFESSIONALS AND HOSPITAL
 STAFF ON CARING FOR FAMILIES AFTER STILLBIRTH.
   § 3. Subdivision 1 of section 201 of the public health law is  amended
 by adding three new paragraphs (z), (aa) and (bb) to read as follows:
   (Z)  ESTABLISH  A  FETAL  DEATH  EVALUATION PROTOCOL, WHICH A LICENSED
 HOSPITAL SHALL FOLLOW IN COLLECTING DATA RELEVANT  TO  EACH  STILLBIRTH.
 THE  INFORMATION  REQUIRED  TO  BE  COLLECTED  SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (I) THE RACE, AGE OF THE MOTHER, MATERNAL AND PATERNAL FAMILY HISTORY,
 COMORBIDITIES, PRENATAL CARE HISTORY, ANTEPARTUM  FINDINGS,  HISTORY  OF
 PAST  OBSTETRIC  COMPLICATIONS,  EXPOSURE  TO VIRAL INFECTIONS, SMOKING,
 DRUG AND ALCOHOL USE, FETAL  GROWTH  RESTRICTION,  PLACENTAL  ABRUPTION,
 CHROMOSOMAL  AND  GENETIC ABNORMALITIES OBTAINED PRE-DELIVERY, INFECTION
 IN PREMATURE FETUS, CORD ACCIDENT, INCLUDING EVIDENCE OF OBSTRUCTION  OR
 CIRCULATORY  COMPROMISE,  HISTORY  OF  THROMBOEMBOLISM,  AND WHETHER THE
 MOTHER GAVE BIRTH BEFORE; AND
   (II) DOCUMENTATION OF THE EVALUATION OF A STILLBORN  FETUS,  PLACENTA,
 AND  CYTOLOGIC SPECIMEN THAT CONFORM TO THE STANDARDS ESTABLISHED BY THE
 AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS AND MEET  ANY  OTHER
 REQUIREMENTS DEEMED BY THE COMMISSIONER AS NECESSARY, INCLUDING, BUT NOT
 LIMITED TO, THE FOLLOWING COMPONENTS:
   (A)  IF  THE  PARENTS CONSENT TO A COMPLETE AUTOPSY: THE WEIGHT OF THE
 FETUS AND PLACENTA, HEAD CIRCUMFERENCE, LENGTH OF FETUS, FOOT LENGTH  IF
 STILLBIRTH OCCURRED BEFORE TWENTY-THREE WEEKS OF GESTATION, AND NOTATION
 OF  ANY  DYSMORPHIC  FEATURE;  PHOTOGRAPH OF THE WHOLE BODY, FRONTAL AND
 PROFILE OF FACE, EXTREMITIES AND PALMS, CLOSE-UP OF ANY SPECIFIC  ABNOR-
 A. 7204                             3
 
 MALITIES;  EXAMINATION OF THE PLACENTA AND UMBILICAL CORD; AND GROSS AND
 MICROSCOPIC EXAMINATION OF MEMBRANES AND UMBILICAL CORD; OR
   (B) IF THE PARENTS DO NOT CONSENT TO A COMPLETE AUTOPSY, AN EVALUATION
 OF  A  FETUS AS SET FORTH IN CLAUSE (A) OF THIS SUBPARAGRAPH, AND APPRO-
 PRIATE ALTERNATIVES TO A COMPLETE AUTOPSY, INCLUDING A  PLACENTAL  EXAM-
 INATION,  EXTERNAL  EXAMINATION,  SELECTED  BIOPSIES,  X-RAYS,  MRI, AND
 ULTRASOUND.
   (AA) SHALL ESTABLISH AND MAINTAIN A DATABASE THAT CONTAINS A CONFIDEN-
 TIAL RECORD OF ALL DATA OBTAINED  PURSUANT  TO  PARAGRAPH  (Z)  OF  THIS
 SUBDIVISION.  THE DATA SHALL BE MADE AVAILABLE TO THE PUBLIC THROUGH THE
 DEPARTMENT WEBSITE, EXCEPT THAT NO DATA SHALL  IDENTIFY  ANY  PERSON  TO
 WHOM THE DATA RELATE.
   (BB)  SHALL  EVALUATE  THE  DATA OBTAINED PURSUANT TO PARAGRAPH (Z) OF
 THIS SUBDIVISION FOR PURPOSES OF IDENTIFYING THE CAUSES OF, AND WAYS  TO
 PREVENT,  STILLBIRTHS,  AND  MAY CONTRACT WITH A THIRD PARTY, INCLUDING,
 BUT NOT LIMITED TO, A PUBLIC INSTITUTION  OF  HIGHER  EDUCATION  IN  THE
 STATE OR A FOUNDATION, TO UNDERTAKE THE EVALUATION.
   §  4. This act shall take effect sixty days after it shall have become
 a law; provided, however, that no later than five years after the effec-
 tive date of this act, the commissioner of health shall  report  to  the
 governor,  and  to  the  legislature,  on the findings of the evaluation
 required pursuant to section three of this act, and shall include in the
 report any recommendations for legislative action that the  commissioner
 deems  appropriate. 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.