NY State Senate Bill 2023-S3451

Senate Bill S3451

2023-2024 Legislative Session

Permits midwives and physician assistants to certify the cause of death on a fetal death certificate

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 27, 2024	reported and committed to higher education
Jan 03, 2024	referred to health
Jan 31, 2023	referred to health

Votes

- Feb 27, 2024 - Health Committee Vote
  S3451
  
  10
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 27, 2024
      
      aye (10)
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      aye wr (5)
      
      Ashby
      
      Gallivan
      
      Martins
      
      Rhoads
      
      Stec

co-Sponsors

2023-S3451 (ACTIVE) - Details

See Assembly Version of this Bill:: A7390
Current Committee:: Senate Higher Education
Law Section:: Public Health Law
Laws Affected:: Amd §4161, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8466, A9093
2025-2026: S5222, A1351

2023-S3451 (ACTIVE) - Summary

Permits midwives and physician assistants to certify the cause of death on a fetal death certificate if they are in attendance at or after a fetal death.

2023-S3451 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3451

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to certification of
fetal death certificates by a midwife or physician assistant

 
PURPOSE OR GENERAL IDEA OF BILL:

Permits midwives and physician assistants in attendance at or after a
fetal death to certify the birth and cause of death on the fetal death
certificate.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 4161 of the Public Health Law as it relates to
fetal death certificates, forms, and content, to add midwives and physi-
cian assistants to the statute governing which health care practitioners
may certify a fetal death on a fetal death certificate.

Section 2 provides an effective date.

 
JUSTIFICATION:

Under current state law, physicians and nurse practitioners in attend-
ance at a fetal death can certify the birth and cause of death on a
fetal death certificate and categorize fetal deaths attended by midwives
as "death without medical attendance." Midwives already certify the
birth of newborns and this bill would allow midwives to certify the
death.

Midwives who work in labor and delivery are also there to console griev-
ing mothers and families if a fetal death occurs, so being unable to
certify death creates delays that prolong the immediate and unimaginable
grief stage. Prolonging such a traumatic experience at this delicate
time adversely affects maternal mental health. Families are unable to
make arrangements for burial and must wait until a doctor shows up to
sign. Sometimes this can take days and becomes particularly stressful
for the family. This bill would allow midwives and physician assistants
to certify death on a fetal death certificate to expedite patient care.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S.8466 Rivera/A.9093 Gottfried

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S3451 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3451
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  CLEARE,  MYRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  certification  of
   fetal death certificates by a midwife or physician assistant
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4161 of the public health law, as amended by  chap-
 ter  436 of the laws of 1967, the section heading and subdivisions 2 and
 3 as amended by chapter 153 of the laws of 2011, subdivisions 1 and 4 as
 amended by chapter 352 of the laws  of  2013,  is  amended  to  read  as
 follows:
   § 4161. Fetal death certificates; form and content[; physicians, nurse
 practitioners,  midwives,  and hospital administrators].  1. The certif-
 icate of fetal death and the report of fetal death  shall  contain  such
 information  and  be  in  such  form  as the commissioner may prescribe;
 provided however that commencing on or  after  the  implementation  date
 under section forty-one hundred forty-eight of this article, information
 and  signatures  required by this subdivision shall be obtained and made
 in accordance with section forty-one hundred forty-eight of  this  arti-
 cle,  except  that unless requested by the woman neither the certificate
 nor the report of fetal death shall contain the name of the  woman,  her
 social  security  number or any other information which would permit her
 to be identified except as provided  in  this  subdivision.  The  report
 shall state that a certificate of fetal death was filed with the commis-
 sioner  and  the  date  of such filing. The commissioner shall develop a
 unique, confidential identifier to be used on the certificate  of  fetal
 death  to  be used in connection with the exercise of the commissioner's
 authority to monitor the quality of care provided by any  individual  or
 entity licensed to perform an abortion in this state and to permit coor-
 dination  of  data  concerning  the  medical  history  of  the woman for
 purposes of conducting  surveillance  scientific  studies  and  research
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06158-01-3

 S. 3451                             2
 
 pursuant  to  the  provisions  of  paragraph  (j)  of subdivision one of
 section two hundred six of this chapter.
   2.  In  each case where a physician [or], nurse practitioner, MIDWIFE,
 OR PHYSICIAN ASSISTANT was in attendance at or after a fetal  death,  it
 is  the duty of such [physician or nurse] practitioner to certify to the
 birth and to the cause of death on the fetal death certificate. [Where a
 nurse-midwife was in attendance at a fetal death it is the duty of  such
 nurse-midwife  to  certify to the birth but, he or she shall not certify
 to the cause of death on the fetal death certificate.]
   3. Fetal deaths occurring without the attendance of  a  [physician  or
 nurse] practitioner as provided in subdivision two of this section shall
 be  treated  as  deaths  without medical attendance, as provided in this
 article.
   4. When a fetal death occurs in a  hospital,  except  in  those  cases
 where  certificates  are  issued  by  coroners or medical examiners, the
 person in charge of such hospital or his  or  her  designated  represen-
 tative  shall  promptly  present  the certificate to the physician [or],
 nurse practitioner, MIDWIFE, OR PHYSICIAN ASSISTANT in attendance, or  a
 physician  [or],  nurse  practitioner,  MIDWIFE,  OR PHYSICIAN ASSISTANT
 acting in his or her behalf, who shall promptly certify to the facts  of
 birth  and  of  fetal death, provide the medical information required by
 the certificate, sign the medical certificate of birth  and  death,  and
 thereupon  return  such certificate to such person, so that the seventy-
 two hour registration time limit prescribed in section four thousand one
 hundred sixty of this title can be met; provided, however that  commenc-
 ing  on or after the implementation date under section forty-one hundred
 forty-eight of this article, information and signatures required by this
 subdivision shall be  obtained  and  made  in  accordance  with  section
 forty-one hundred forty-eight of this article.
   § 2. This act shall take effect immediately.

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Senate Bill S3451

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Sponsored By

Gustavo Rivera