BILL NUMBER: S117

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the public health law, in relation to the redaction of
certain physician's names on birth certificates

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public health law by adding a new section 4134-a
providing that when the license of the attending physician listed on a
birth certificate has been surrendered or revoked by the office of
professional medical conduct and upon request by either the person whose
birth the record documents or their legal representative if the person
is over the age of eighteen or the parent or legal representative of the
person whose birth the record documents if they are under the age of
eighteen, the department of health shall issue a certified copy of the
birth record with the physician's identity redacted.

Section 2 provides the effective date.

 
              

JUSTIFICATION:

A patient who has been subjected to abuse and harassment from their
physician should not be forced to relive the trauma every time they look
at their child's birth certificate. Marissa Hoechstetter brought this
gross injustice to light in her fight to redact the name of the doctor
who repeatedly sexually assaulted her throughout her pregnancy, delivery
and postpartum care. This legislation will ensure patients throughout
the state who have endured physician misconduct have the ability to
remove the perpetrator's name from their children's birth certificates.
Establishing procedures to issue new birth certificates in these cases
will prevent further pain and distress caused when these documents main-
tain a permanent connection between the patient and their abuser. This
bill is an important step towards recognizing the extensive harms of
sexual abuse in the medical community and supporting survivors and their
families in the healing process.

 
PRIOR LEGISLATIVE HISTORY:

2021-22- S.826/No Same As - Died on Third Reading

2019-20- S.6247/A7514 - referred to health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.