S. 6044--B 2
INFANT DEATHS AND FETAL AND INFANT MORBIDITY AND DEVELOPING AND DISSEM-
INATING FINDINGS, RECOMMENDATIONS, AND BEST PRACTICES TO CONTRIBUTE TO
THE PREVENTION OF FETAL AND INFANT MORTALITY AND MORBIDITY. THE BOARD
SHALL ASSESS THE CAUSE OF DEATH, FACTORS LEADING TO DEATH AND PREVENTA-
BILITY FOR EACH FETAL AND INFANT DEATH REVIEWED AND, IN THE DISCRETION
OF THE BOARD, CASES OF SEVERE FETAL AND INFANT MORBIDITY, AND SHALL
DEVELOP AND DISSEMINATE STRATEGIES FOR REDUCING THE RISK OF FETAL AND
INFANT MORTALITY AND MORBIDITY, INCLUDING RISK RESULTING FROM RACIAL,
ECONOMIC, OR OTHER DISPARITIES. THE COMMISSIONER MAY DELEGATE THE
AUTHORITY TO CONDUCT FETAL AND INFANT MORTALITY REVIEWS.
(B) THE COMMISSIONER MAY ENTER INTO AN AGREEMENT WITH THE CITY OF NEW
YORK PROVIDING:
(I) THAT THE FUNCTIONS OF THE STATE BOARD RELATING TO FETAL AND INFANT
DEATHS AND SEVERE FETAL AND INFANT MORBIDITY OCCURRING WITHIN THE CITY
OF NEW YORK SHALL BE CONDUCTED BY THE CITY BOARD;
(II) THE CITY BOARD SHALL PROVIDE TO THE STATE BOARD THE RESULTS OF
ITS REVIEWS, RELEVANT INFORMATION IN THE POSSESSION OF THE CITY BOARD,
AND THE RECOMMENDATIONS OF THE CITY BOARD; AND
(III) THE DEPARTMENT AND THE STATE BOARD SHALL PROVIDE INFORMATION AND
ASSISTANCE TO THE CITY BOARD FOR THE PERFORMANCE OF ITS FUNCTIONS.
(C) NOTHING IN THIS SECTION SHALL PREVENT THE CITY OF NEW YORK FROM
ESTABLISHING, WITHOUT AN AGREEMENT WITH THE COMMISSIONER, A BOARD RELAT-
ING TO FETAL AND INFANT DEATHS AND SEVERE FETAL AND INFANT MORBIDITY
OCCURRING WITHIN THE CITY OF NEW YORK.
3. (A) THE MEMBERS OF THE STATE BOARD SHALL BE COMPRISED OF MULTIDIS-
CIPLINARY EXPERTS IN THE FIELD OF FETAL AND INFANT MORTALITY, FETAL,
NEONATAL AND INFANT HEALTH AND PUBLIC HEALTH, MATERNAL HEALTH, OBSTET-
RICS AND GYNECOLOGY, AND SHALL INCLUDE HEALTH CARE PROFESSIONALS OR
OTHER EXPERTS WHO SERVE AND ARE REPRESENTATIVE OF THE RACIAL, ETHNIC,
AND SOCIOECONOMIC DIVERSITY OF THE STATE AND, TO THE EXTENT POSSIBLE,
THE MEDICALLY UNDERSERVED AREAS OF THE STATE OR AREAS OF THE STATE WITH
DISPROPORTIONATELY HIGH OCCURRENCES OF FETAL AND INFANT MORTALITY OR
MORBIDITY.
(B) THE STATE BOARD SHALL BE COMPOSED OF NINE MEMBERS, APPOINTED AS
FOLLOWS: THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR; TWO
MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; TWO MEMBERS
SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER
SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE
MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
(C) THE TERMS OF THE STATE BOARD MEMBERS SHALL BE THREE YEARS. THE
COMMISSIONER MAY CHOOSE TO REAPPOINT STATE BOARD MEMBERS TO ADDITIONAL
THREE-YEAR TERMS.
(D) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE STATE BOARD, BUT NO
LESS THAN FIVE, SHALL CONSTITUTE A QUORUM.
(E) WHEN ANY MEMBER OF THE STATE BOARD FAILS TO ATTEND THREE CONSEC-
UTIVE REGULAR MEETINGS, UNLESS GOOD CAUSE IS SHOWN FOR SUCH ABSENCE,
THAT MEMBERSHIP MAY BE DEEMED VACANT FOR PURPOSES OF THE APPOINTMENT OF
A SUCCESSOR.
(F) MEETINGS OF THE STATE BOARD SHALL BE HELD AT LEAST TWICE A YEAR
BUT MAY BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO REQUEST
OF THE DEPARTMENT.
(G) MEMBERS OF THE STATE AND CITY BOARDS SHALL BE INDEMNIFIED UNDER
SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW OR SECTION FIFTY-K OF THE
GENERAL MUNICIPAL LAW, AS THE CASE MAY BE.
S. 6044--B 3
(H) MEMBERS OF THE STATE BOARD SHALL NOT BE COMPENSATED FOR THEIR
PARTICIPATION ON THE BOARD BUT SHALL RECEIVE REIMBURSEMENT FOR THEIR
ORDINARY AND NECESSARY EXPENSES OF PARTICIPATION.
(I) MEMBERSHIP ON A BOARD SHALL NOT DISQUALIFY ANY PERSON FROM HOLDING
ANY PUBLIC OFFICE OR EMPLOYMENT.
4. (A) THE COMMISSIONER MAY REQUEST AND SHALL RECEIVE UPON REQUEST
FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, LOCAL HEALTH
DEPARTMENTS OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THERE-
OF OR ANY PUBLIC AUTHORITY, SUCH INFORMATION, INCLUDING BUT NOT LIMITED
TO DEATH RECORDS, MEDICAL RECORDS, AUTOPSY REPORTS, TOXICOLOGY REPORTS,
HOSPITAL DISCHARGE RECORDS, BIRTH RECORDS AND ANY OTHER INFORMATION THAT
WILL HELP THE DEPARTMENT UNDER THIS SECTION TO PROPERLY CARRY OUT ITS
FUNCTIONS, POWERS AND DUTIES. THE COMMISSIONER, OR THE CITY COMMISSIONER
FOR THE FETAL AND INFANT DEATHS OR FETAL AND INFANT MORBIDITY OCCURRING
WITHIN THE VITAL STATISTICS REGISTRATION DISTRICT OF THE CITY OF NEW
YORK, MAY REQUEST AND SHALL RECEIVE UPON REQUEST FROM ANY DEPARTMENT,
DIVISION, BOARD, COMMISSION OR OTHER AGENCY UNDER THE AUTHORITY OF THE
CITY OF NEW YORK AS WELL AS HOSPITALS ESTABLISHED PURSUANT TO ARTICLE
TWENTY-EIGHT OF THIS CHAPTER, BIRTHING FACILITIES, MEDICAL EXAMINERS,
CORONERS AND CORONER PHYSICIANS AND ANY OTHER FACILITY PROVIDING
SERVICES ASSOCIATED WITH FETAL AND INFANT MORTALITY OR FETAL AND INFANT
MORBIDITY, SUCH INFORMATION, INCLUDING, BUT NOT LIMITED TO, DEATH
RECORDS, MEDICAL RECORDS, AUTOPSY REPORTS, TOXICOLOGY REPORTS, HOSPITAL
DISCHARGE RECORDS, BIRTH RECORDS AND ANY OTHER INFORMATION THAT WILL
HELP THE DEPARTMENT UNDER THIS SECTION TO PROPERLY CARRY OUT ITS FUNC-
TIONS, POWERS AND DUTIES.
(B) THE COMMISSIONER AND THE CITY COMMISSIONER SHALL RECEIVE AND MAY
SOLICIT VOLUNTARY INFORMATION, INCLUDING ORAL OR WRITTEN STATEMENTS,
RELATING TO ANY FETAL AND INFANT DEATH AND CASE OF SEVERE FETAL AND
INFANT MORBIDITY, FROM ANY FAMILY MEMBER OR OTHER INTERESTED PARTY
RELATING TO ANY CASE THAT MAY COME BEFORE THE BOARD. ORAL STATEMENTS
RECEIVED UNDER THIS PARAGRAPH SHALL BE TRANSCRIBED OR SUMMARIZED IN
WRITING. THE COMMISSIONER AND THE CITY COMMISSIONER SHALL TRANSMIT THAT
INFORMATION TO THE BOARD CONSIDERING THE CASE.
(C) BEFORE TRANSMITTING ANY INFORMATION TO THE BOARD, THE COMMISSIONER
OR THE CITY COMMISSIONER SHALL REMOVE ALL PERSONAL IDENTIFYING INFORMA-
TION OF THE FETUS OR INFANT, INDIVIDUALS EXPERIENCING PREGNANCY LOSS OR
PARENTS OF INFANT, HEALTH CARE PRACTITIONER OR PRACTITIONERS, OR ANYONE
ELSE INDIVIDUALLY NAMED IN SUCH INFORMATION, AS WELL AS THE HOSPITAL OR
FACILITY THAT TREATED THE FETUS OR INFANT, AND ANY OTHER INFORMATION
SUCH AS GEOGRAPHIC LOCATION THAT MAY INADVERTENTLY IDENTIFY THE FETUS OR
INFANT, PRACTITIONER, OR FACILITY.
(D) INFORMATION RECEIVED OR TRANSMITTED UNDER THIS SECTION IS NOT
ADMISSIBLE IN ANY CIVIL, ADMINISTRATIVE, CRIMINAL, OR FAMILY COURT
PROCEEDING THAT SEEKS TO PUNISH OR PROSECUTE THE PREGNANT OR BIRTHING
PERSON AND SHALL NOT BE USED AS A BASIS OF A REPORT TO THE STATEWIDE
CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
5. EACH BOARD:
(A) SHALL COLLECT AND PERFORM CASE REVIEWS OF FETAL AND INFANT DEATHS;
(B) SHALL MAKE AND REPORT FINDINGS AND RECOMMENDATIONS TO THE COMMIS-
SIONER, AND IN THE CASE OF THE CITY BOARD TO THE COMMISSIONER AND THE
CITY COMMISSIONER REGARDING THE CAUSE OF DEATH, FACTORS LEADING TO
DEATH, AND PREVENTABILITY OF EACH FETAL OR INFANT DEATH CASE, AND EACH
CASE OF SEVERE FETAL OR INFANT MORBIDITY REVIEWED BY THE BOARD, BY
REVIEWING RELEVANT INFORMATION FOR EACH CASE IN THE STATE OR THE CITY OF
NEW YORK, AS THE CASE MAY BE, AND CONSULTING WITH EXPERTS AS NEEDED TO
S. 6044--B 4
EVALUATE THE INFORMATION FOR EACH DEATH; PROVIDED THAT NO INFORMATION
WHICH, ALONE OR IN COMBINATION, WOULD PERMIT AN INDIVIDUAL WHO EXPERI-
ENCED A PREGNANCY LOSS OR INFANT DEATH TO BE IDENTIFIED MAY BE REQUESTED
OR SHARED WITH CONSULTING EXPERTS, AND THAT INFORMATION REVIEWED OR
FINDINGS MADE BY THE BOARD SHALL NOT BE ADMISSIBLE IN ANY CIVIL, ADMIN-
ISTRATIVE, CRIMINAL, OR FAMILY COURT PROCEEDING AND SHALL NOT BE USED AS
A BASIS OF A REPORT TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
MALTREATMENT;
(C) SHALL DEVELOP AND DELIVER TO THE COMMISSIONER, AND IN THE CASE OF
THE CITY BOARD TO THE COMMISSIONER AND THE CITY COMMISSIONER FOR AREAS
OF FOCUS, RECOMMENDATIONS ON:
(I) ISSUES OF SEVERE FETAL AND INFANT MORBIDITY;
(II) ADDRESSING SOCIAL DETERMINANTS OF FETAL AND INFANT HEALTH,
INCLUDING RACIAL, ECONOMIC OR OTHER HISTORICAL AND CONTEMPORARY INJUS-
TICES WHICH LEAD TO DISPARITIES IN FETAL AND INFANT OUTCOMES;
(III) POLICIES, BEST PRACTICES, AND STRATEGIES TO REDUCE FETAL AND
INFANT MORTALITY AND MORBIDITY;
(IV) METHODS OF IMPROVING SERVICES AND RESOURCES; AND
(V) METHODS OF IMPLEMENTING CONTINUOUS QUALITY IMPROVEMENT IN FETAL
AND INFANT MORTALITY AND MORBIDITY;
(D) SHALL ISSUE AN ANNUAL PUBLIC REPORT ON ITS FINDINGS AND RECOMMEN-
DATIONS AND MAY ALSO ISSUE PUBLIC REPORTS MORE FREQUENTLY;
(E) SHALL IDENTIFY AND ADDRESS SYSTEMIC COMMUNITY CONDITIONS CONTRIB-
UTING TO FETAL AND INFANT DEATHS;
(F) SHALL IMPLEMENT A SURVEILLANCE SYSTEM TO MONITOR INCIDENCE, ETIOL-
OGIES, AND CONTRIBUTING FACTORS AND WHICH CAN DESCRIBE EFFECTS OF HEALTH
CARE SYSTEM CHANGE;
(G) SHALL IDENTIFY SYSTEM WIDE CHALLENGES TO IMPROVING FETAL AND
INFANT HEALTH CARE;
(H) MAY, IN ADDITION TO THE FINDINGS AND RECOMMENDATIONS MADE UNDER
THIS SUBDIVISION, AND CONSISTENT WITH ALL APPLICABLE CONFIDENTIALITY
PROTECTIONS, BRING ANY PARTICULAR MATTER TO THE ATTENTION OF THE COMMIS-
SIONER OR THE CITY COMMISSIONER, AND IN THE CASE OF THE CITY BOARD TO
THE COMMISSIONER AND THE CITY COMMISSIONER; AND
(I) MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF THE COMMISSIONER
IN THE INSTANCE OF THE STATE BOARD AND THE CITY COMMISSIONER IN THE
INSTANCE OF THE CITY BOARD IN CARRYING OUT ITS FUNCTIONS.
6. THE COMMISSIONER AND THE CITY COMMISSIONER AND THE STATE AND CITY
BOARDS SHALL EACH KEEP CONFIDENTIAL ANY INFORMATION COLLECTED OR
RECEIVED UNDER THIS SECTION THAT INCLUDES PERSONAL IDENTIFYING INFORMA-
TION OF THE FETUS OR INFANT, FETUS OR INFANT'S PARENTS, HEALTH CARE
PRACTITIONER OR PRACTITIONERS, OR ANYONE ELSE INDIVIDUALLY NAMED IN SUCH
INFORMATION, AS WELL AS THE HOSPITAL OR FACILITY THAT TREATED THE FETUS
OR INFANT, AND ANY OTHER INFORMATION SUCH AS GEOGRAPHIC LOCATION THAT
MAY INADVERTENTLY IDENTIFY THE FETUS OR INFANT, THE FETUS OR INFANT'S
PARENTS, PRACTITIONER, OR FACILITY, AND SHALL USE THE INFORMATION
PROVIDED OR RECEIVED UNDER THIS SECTION SOLELY FOR THE PURPOSES OF
IMPROVEMENT OF THE QUALITY OF FETAL AND INFANT HEALTH CARE AND TO
PREVENT FETAL AND INFANT MORTALITY AND MORBIDITY. THIS SUBDIVISION SHALL
NOT PRECLUDE THE TRANSMITTING OF INFORMATION TO THE BOARD THAT IS
REASONABLY NECESSARY TO ENABLE THE BOARD TO PERFORM AN APPROPRIATE
REVIEW UNDER THIS SECTION. ALL RECORDS RECEIVED, MEETINGS CONDUCTED,
REPORTS, EXCEPT THOSE PUBLIC REPORTS REQUIRED TO BE ISSUED BY THE BOARD
BY THIS SECTION, AND RECORDS MADE AND MAINTAINED AND ALL BOOKS AND
PAPERS OBTAINED BY THE BOARD SHALL BE CONFIDENTIAL AND SHALL NOT BE MADE
OPEN OR AVAILABLE, INCLUDING UNDER ARTICLE SIX OF THE PUBLIC OFFICERS
S. 6044--B 5
LAW, AND SHALL BE LIMITED TO BOARD MEMBERS AS WELL AS THOSE AUTHORIZED
BY THE COMMISSIONER OR CITY COMMISSIONER. SUCH INFORMATION SHALL NOT BE
DISCOVERABLE OR ADMISSIBLE AS EVIDENCE IN ANY ACTION IN ANY COURT OR
BEFORE ANY OTHER TRIBUNAL, BOARD, AGENCY OR PERSON.
7. THE COMMISSIONER AND THE CITY COMMISSIONER, WITHIN THEIR RESPECTIVE
LEGAL AUTHORITY, MAY USE THE RECOMMENDATIONS AND FINDINGS OF THE BOARDS
TO DEVELOP GUIDANCE AND OTHER ACTIONS RELATING TO BEST PRACTICES, AND
SHALL DISSEMINATE INFORMATION RELATING TO THAT GUIDANCE AND OTHER
ACTIONS TO APPROPRIATE HEALTH CARE PROVIDERS.
§ 2. The administrative code of the city of New York is amended by
adding a new section 17-166.1 to read as follows:
§ 17-166.1 FETAL AND INFANT MORTALITY REVIEW BOARD. A. FOR THE
PURPOSES OF THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
(1) "REVIEW BOARD" MEANS THE FETAL AND INFANT MORTALITY REVIEW BOARD
ESTABLISHED BY THIS SECTION.
(2) "FETAL AND INFANT DEATH" MEANS PREGNANCY LOSS THAT ENDS IN MISCAR-
RIAGE OR STILLBIRTH, OR INFANT DEATHS WITHIN ONE YEAR OF BIRTH.
(3) "SEVERE FETAL AND INFANT MORBIDITY" OR "MORBIDITY" MEANS UNANTIC-
IPATED OUTCOMES OF PREGNANCY, LABOR, OR DELIVERY THAT RESULT IN SIGNIF-
ICANT SHORT- OR LONG-TERM CONSEQUENCES TO A CHILD'S HEALTH.
B. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT THE FETAL AND INFANT
MORTALITY REVIEW BOARD FOR THE PURPOSE OF REVIEWING FETAL AND INFANT
DEATHS AND FETAL AND INFANT MORBIDITY AND DEVELOPING AND DISSEMINATING
FINDINGS, RECOMMENDATIONS, AND BEST PRACTICES TO CONTRIBUTE TO THE
PREVENTION OF FETAL AND INFANT MORTALITY AND MORBIDITY. THE REVIEW
BOARD SHALL ASSESS THE CAUSE OF DEATH, FACTORS LEADING TO DEATH AND
PREVENTABILITY FOR EACH FETAL AND INFANT DEATH REVIEWED AND, IN THE
DISCRETION OF THE REVIEW BOARD, CASES OF SEVERE FETAL AND INFANT
MORBIDITY, AND SHALL DEVELOP AND DISSEMINATE STRATEGIES FOR REDUCING
THE RISK OF FETAL AND INFANT MORTALITY AND MORBIDITY, INCLUDING
RISK RESULTING FROM RACIAL, ECONOMIC, OR OTHER DISPARITIES. THE
COMMISSIONER MAY DELEGATE THE AUTHORITY TO CONDUCT FETAL AND INFANT
MORTALITY REVIEWS.
C. (1) THE MEMBERS OF THE REVIEW BOARD SHALL BE COMPRISED OF MULTIDIS-
CIPLINARY EXPERTS IN THE FIELD OF FETAL AND INFANT MORTALITY, FETAL,
NEONATAL AND INFANT HEALTH AND PUBLIC HEALTH, MATERNAL HEALTH, OBSTET-
RICS AND GYNECOLOGY, AND SHALL INCLUDE HEALTH CARE PROFESSIONALS OR
OTHER EXPERTS WHO SERVE AND ARE REPRESENTATIVE OF THE RACIAL, ETHNIC,
AND SOCIOECONOMIC DIVERSITY OF THE CITY OF NEW YORK AND, TO THE EXTENT
POSSIBLE, THE MEDICALLY UNDERSERVED AREAS OF THE CITY OF NEW YORK OR
AREAS OF THE CITY OF NEW YORK WITH DISPROPORTIONATELY HIGH OCCURRENCES
OF FETAL AND INFANT MORTALITY OR MORBIDITY.
(2) THE REVIEW BOARD SHALL BE COMPOSED OF NINE MEMBERS, ALL OF WHOM
SHALL BE APPOINTED BY THE COMMISSIONER.
(3) THE TERMS OF THE REVIEW BOARD MEMBERS SHALL BE THREE YEARS. THE
COMMISSIONER MAY CHOOSE TO REAPPOINT REVIEW BOARD MEMBERS TO ADDITIONAL
THREE-YEAR TERMS.
(4) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE REVIEW BOARD, BUT NO
LESS THAN FIVE, SHALL CONSTITUTE A QUORUM.
(5) WHEN ANY MEMBER OF THE REVIEW BOARD FAILS TO ATTEND THREE CONSEC-
UTIVE REGULAR MEETINGS, UNLESS GOOD CAUSE IS SHOWN FOR SUCH ABSENCE,
THAT MEMBERSHIP MAY BE DEEMED VACANT FOR PURPOSES OF THE APPOINTMENT OF
A SUCCESSOR.
(6) MEETINGS OF THE REVIEW BOARD SHALL BE HELD AT LEAST TWICE A YEAR
BUT MAY BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO REQUEST
OF THE DEPARTMENT.
S. 6044--B 6
(7) MEMBERS OF THE REVIEW BOARD SHALL BE INDEMNIFIED UNDER SECTION
SEVENTEEN OF THE PUBLIC OFFICERS LAW OR SECTION FIFTY-K OF THE GENERAL
MUNICIPAL LAW, AS THE CASE MAY BE.
(8) MEMBERS OF THE REVIEW BOARD SHALL NOT BE COMPENSATED FOR THEIR
PARTICIPATION ON THE REVIEW BOARD BUT SHALL RECEIVE REIMBURSEMENT FOR
THEIR ORDINARY AND NECESSARY EXPENSES OF PARTICIPATION.
(9) MEMBERSHIP ON THE REVIEW BOARD SHALL NOT DISQUALIFY ANY PERSON
FROM HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT.
D. (1) THE COMMISSIONER MAY REQUEST AND SHALL RECEIVE UPON REQUEST
FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, LOCAL HEALTH
DEPARTMENT OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THEREOF
OR ANY PUBLIC AUTHORITY, SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO
DEATH RECORDS, MEDICAL RECORDS, AUTOPSY REPORTS, TOXICOLOGY REPORTS,
HOSPITAL DISCHARGE RECORDS, BIRTH RECORDS AND ANY OTHER INFORMATION THAT
WILL HELP THE DEPARTMENT UNDER THIS SECTION TO PROPERLY CARRY OUT ITS
FUNCTIONS, POWERS AND DUTIES. THE COMMISSIONER MAY REQUEST AND SHALL
RECEIVE UPON REQUEST FROM ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR
OTHER AGENCY UNDER THE AUTHORITY OF THE CITY OF NEW YORK AS WELL AS
HOSPITALS ESTABLISHED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC
HEALTH LAW, BIRTHING FACILITIES, MEDICAL EXAMINERS, CORONERS AND CORONER
PHYSICIANS AND ANY OTHER FACILITY PROVIDING SERVICES ASSOCIATED WITH
FETAL AND INFANT MORTALITY OR FETAL AND INFANT MORBIDITY, SUCH INFORMA-
TION, INCLUDING, BUT NOT LIMITED TO, DEATH RECORDS, MEDICAL RECORDS,
AUTOPSY REPORTS, TOXICOLOGY REPORTS, HOSPITAL DISCHARGE RECORDS, BIRTH
RECORDS AND ANY OTHER INFORMATION THAT WILL HELP THE DEPARTMENT UNDER
THIS SECTION TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
(2) THE COMMISSIONER SHALL RECEIVE AND MAY SOLICIT VOLUNTARY INFORMA-
TION, INCLUDING ORAL OR WRITTEN STATEMENTS, RELATING TO ANY FETAL AND
INFANT DEATH AND CASE OF SEVERE FETAL AND INFANT MORBIDITY, FROM ANY
FAMILY MEMBER OR OTHER INTERESTED PARTY RELATING TO ANY CASE THAT MAY
COME BEFORE THE REVIEW BOARD. ORAL STATEMENTS RECEIVED UNDER THIS PARA-
GRAPH SHALL BE TRANSCRIBED OR SUMMARIZED IN WRITING. THE COMMISSIONER
SHALL TRANSMIT THAT INFORMATION TO THE REVIEW BOARD CONSIDERING THE
CASE.
(3) BEFORE TRANSMITTING ANY INFORMATION TO THE REVIEW BOARD, THE
COMMISSIONER SHALL REMOVE ALL PERSONAL IDENTIFYING INFORMATION OF THE
FETUS OR INFANT, INDIVIDUALS EXPERIENCING PREGNANCY LOSS OR PARENTS OF
THE INFANT, HEALTH CARE PRACTITIONER OR PRACTITIONERS, OR ANYONE ELSE
INDIVIDUALLY NAMED IN SUCH INFORMATION, AS WELL AS THE HOSPITAL OR
FACILITY THAT TREATED THE FETUS OR INFANT, AND ANY OTHER INFORMATION
SUCH AS GEOGRAPHIC LOCATION THAT MAY INADVERTENTLY IDENTIFY THE FETUS OR
INFANT, FETUS OR INFANT'S FAMILY, PRACTITIONER, OR FACILITY.
(4) INFORMATION RECEIVED OR TRANSMITTED UNDER THIS SECTION IS NOT
ADMISSIBLE IN ANY CIVIL, ADMINISTRATIVE, CRIMINAL, OR FAMILY COURT
PROCEEDING THAT SEEKS TO PUNISH OR PROSECUTE THE PREGNANT OR BIRTHING
PERSON AND SHALL NOT BE USED AS A BASIS OF A REPORT TO THE STATEWIDE
CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
E. THE REVIEW BOARD:
(1) SHALL COLLECT AND PERFORM CASE REVIEWS OF FETAL AND INFANT DEATHS;
(2) SHALL MAKE AND REPORT FINDINGS AND RECOMMENDATIONS TO THE COMMIS-
SIONER REGARDING THE CAUSE OF DEATH, FACTORS LEADING TO DEATH, AND
PREVENTABILITY OF EACH FETAL OR INFANT DEATH CASE, AND EACH CASE OF
SEVERE FETAL OR INFANT MORBIDITY REVIEWED BY THE REVIEW BOARD, BY
REVIEWING RELEVANT INFORMATION FOR EACH CASE IN THE CITY OF NEW YORK AND
CONSULTING WITH EXPERTS AS NEEDED TO EVALUATE THE INFORMATION FOR EACH
DEATH PROVIDED THAT NO INFORMATION WHICH, ALONE OR IN COMBINATION, WOULD
S. 6044--B 7
PERMIT AN INDIVIDUAL WHO EXPERIENCED A PREGNANCY LOSS OR INFANT DEATH TO
BE IDENTIFIED MAY BE REQUESTED OR SHARED WITH CONSULTING EXPERTS, AND
THAT INFORMATION REVIEWED OR FINDINGS MADE BY THE BOARD SHALL NOT BE
ADMISSIBLE IN ANY CIVIL, ADMINISTRATIVE, CRIMINAL, OR FAMILY COURT
PROCEEDING AND SHALL NOT BE USED AS A BASIS OF A REPORT TO THE STATEWIDE
CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT;
(3) SHALL DEVELOP AND DELIVER TO THE COMMISSIONER RECOMMENDATIONS ON:
(A) ISSUES OF SEVERE FETAL AND INFANT MORBIDITY;
(B) ADDRESSING SOCIAL DETERMINANTS OF FETAL AND INFANT HEALTH, INCLUD-
ING RACIAL, ECONOMIC OR OTHER HISTORICAL AND CONTEMPORARY INJUSTICES
WHICH LEAD TO DISPARITIES IN FETAL AND INFANT OUTCOMES;
(C) POLICIES, BEST PRACTICES, AND STRATEGIES TO REDUCE FETAL AND
INFANT MORTALITY AND MORBIDITY;
(D) METHODS OF IMPROVING SERVICES AND RESOURCES; AND
(E) METHODS OF IMPLEMENTING CONTINUOUS QUALITY IMPROVEMENT IN FETAL
AND INFANT MORTALITY AND MORBIDITY;
(4) SHALL ISSUE AN ANNUAL PUBLIC REPORT ON ITS FINDINGS AND RECOMMEN-
DATIONS AND MAY ALSO ISSUE PUBLIC REPORTS MORE FREQUENTLY;
(5) SHALL IDENTIFY AND ADDRESS SYSTEMIC COMMUNITY CONDITIONS CONTRIB-
UTING TO FETAL AND INFANT DEATHS;
(6) SHALL IMPLEMENT A SURVEILLANCE SYSTEM TO MONITOR INCIDENCE, ETIOL-
OGIES, AND CONTRIBUTING FACTORS AND WHICH CAN DESCRIBE EFFECTS OF HEALTH
CARE SYSTEM CHANGE;
(7) SHALL IDENTIFY SYSTEM WIDE CHALLENGES TO IMPROVING FETAL AND
INFANT HEALTH CARE;
(8) MAY, IN ADDITION TO THE FINDINGS AND RECOMMENDATIONS MADE UNDER
THIS SUBDIVISION, AND CONSISTENT WITH ALL APPLICABLE CONFIDENTIALITY
PROTECTIONS, BRING ANY PARTICULAR MATTER TO THE ATTENTION OF THE COMMIS-
SIONER; AND
(9) MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF THE COMMISSIONER
IN CARRYING OUT ITS FUNCTIONS.
F. THE COMMISSIONER AND THE REVIEW BOARD SHALL EACH KEEP CONFIDENTIAL
ANY INFORMATION COLLECTED OR RECEIVED UNDER THIS SECTION THAT INCLUDES
PERSONAL IDENTIFYING INFORMATION OF THE FETUS OR INFANT, THE FETUS OR
INFANT'S PARENTS, HEALTH CARE PRACTITIONER OR PRACTITIONERS, OR ANYONE
ELSE INDIVIDUALLY NAMED IN SUCH INFORMATION, AS WELL AS THE HOSPITAL OR
FACILITY THAT TREATED THE FETUS OR INFANT, AND ANY OTHER INFORMATION
SUCH AS GEOGRAPHIC LOCATION THAT MAY INADVERTENTLY IDENTIFY THE FETUS OR
INFANT, THE FETUS OR INFANT'S PARENTS, PRACTITIONER, OR FACILITY, AND
SHALL USE THE INFORMATION PROVIDED OR RECEIVED UNDER THIS SECTION SOLELY
FOR THE PURPOSES OF IMPROVEMENT OF THE QUALITY OF FETAL AND INFANT
HEALTH CARE AND TO PREVENT FETAL AND INFANT MORTALITY AND MORBIDITY.
THIS SUBDIVISION SHALL NOT PRECLUDE THE TRANSMITTING OF INFORMATION TO
THE REVIEW BOARD THAT IS REASONABLY NECESSARY TO ENABLE THE REVIEW BOARD
TO PERFORM AN APPROPRIATE REVIEW UNDER THIS SECTION. ALL RECORDS
RECEIVED, MEETINGS CONDUCTED, REPORTS, EXCEPT THOSE PUBLIC REPORTS
REQUIRED TO BE ISSUED BY THE REVIEW BOARD BY THIS SECTION, AND RECORDS
MADE AND MAINTAINED AND ALL BOOKS AND PAPERS OBTAINED BY THE REVIEW
BOARD SHALL BE CONFIDENTIAL AND SHALL NOT BE MADE OPEN OR AVAILABLE,
INCLUDING UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW, AND SHALL BE
LIMITED TO REVIEW BOARD MEMBERS AS WELL AS THOSE AUTHORIZED BY THE
COMMISSIONER. SUCH INFORMATION SHALL NOT BE DISCOVERABLE OR ADMISSIBLE
AS EVIDENCE IN ANY ACTION IN ANY COURT OR BEFORE ANY OTHER TRIBUNAL,
BOARD, AGENCY OR PERSON.
G. THE COMMISSIONER MAY USE THE RECOMMENDATIONS AND FINDINGS OF THE
REVIEW BOARD TO DEVELOP GUIDANCE AND OTHER ACTIONS RELATING TO BEST
S. 6044--B 8
PRACTICES, AND SHALL DISSEMINATE INFORMATION RELATING TO THAT GUIDANCE
AND OTHER ACTIONS TO APPROPRIATE HEALTH CARE PROVIDERS.
§ 3. This act shall take effect one year after it shall have become a
law.
