S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4023
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to reporting pregnan-
   cy  losses  and  clarifying  which  agencies  are responsible for such
   reports; and providing for the repeal of certain provisions upon expi-
   ration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  title heading of title 5 of article 41 of the public
 health law, as amended by chapter 436 of the laws of 1967, is amended to
 read as follows:
         [REGISTRATION OF FETAL DEATHS] REPORTING OF PREGNANCY LOSS
   § 2. Section 4160 of the public health law, as amended by chapter  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] PREGNANCY LOSS;  REPORTING.    1.
 [Fetal  death] PREGNANCY LOSS is defined as [death prior to the complete
 expulsion or extraction from its mother of a product 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]  THE  LOSS  OF  A  PREGNANCY  AT  ANY  GESTATION,  AS
 CONFIRMED  BY A HEALTH CARE PROVIDER LICENSED PURSUANT TO TITLE EIGHT OF
 THE EDUCATION LAW AND ACTING WITHIN SUCH HEALTH CARE PROVIDER'S SCOPE OF
 PRACTICE, INCLUDING SPONTANEOUS MISCARRIAGE, STILL BIRTH, OR ANY  TERMI-
 NATION OF PREGNANCY WHICH IS CONSISTENT WITH THE REQUIREMENTS OF ARTICLE
 TWENTY-FIVE-A OF THIS CHAPTER.
   2.   A PREGNANCY LOSS CAUSED BY SPONTANEOUS MISCARRIAGE OR STILL BIRTH
 SHALL BE REGISTERED WITHIN SEVENTY-TWO HOURS OF THE  PREGNANCY  LOSS  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04059-02-5
 A. 4023                             2
              

 
 ELECTRONICALLY  FILING  DIRECTLY WITH THE DEPARTMENT OF HEALTH, A REPORT
 OF SUCH LOSS.
   3.  A  [fetal  death]  PREGNANCY LOSS DUE TO AN INDUCED TERMINATION OF
 PREGNANCY shall be registered within seventy-two hours [after  expulsion
 of such fetus] OF SUCH PREGNANCY LOSS IF THE INDIVIDUAL EXPERIENCING THE
 PREGNANCY  LOSS  REQUESTS SUCH REGISTRATION TO FACILITATE DISPOSITION OF
 THE PRODUCTS OF CONCEPTION IN ACCORDANCE WITH SECTION FORTY-ONE  HUNDRED
 SIXTY-TWO  OF  THIS  TITLE,  by  filing directly with the [commissioner]
 DEPARTMENT OF HEALTH, a [certificate] REPORT of such [death] LOSS.   [In
 addition, a] SUCH report [of fetal death] shall be [reported] LIMITED to
 the [registrar in the district in which the fetal death occurred] INFOR-
 MATION STRICTLY NECESSARY TO FACILITATE DISPOSITION.
   [3.  For  the purposes of this article, a fetal death shall be consid-
 ered 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
 recorded, except as provided in section  forty-one  hundred  sixty-a  of
 this title.
   4. Local registrars of each district in which fetal death certificates
 were filed prior to the effective date of this subdivision shall dispose
 of such certificates in the manner prescribed by the commissioner.
   5.]  4.  Notwithstanding  any  other  provision  of  this chapter, the
 disclosure of information filed pursuant to this section shall be limit-
 ed to the [mother] INDIVIDUAL WHO EXPERIENCED THE PREGNANCY LOSS,  [her]
 SUCH  INDIVIDUAL'S  lawful representative and to authorized personnel of
 the department.  NOTHING IN THIS SECTION SHALL  PROHIBIT  DISCLOSURE  OF
 DEIDENTIFIED  INFORMATION  IN COMPLIANCE WITH FEDERAL REPORTING REQUIRE-
 MENTS.
   § 3. Subdivision 3 of section  4160  of  the  public  health  law,  as
 amended by section two of this act, is amended to read as follows:
   3.  A  pregnancy loss due to an induced termination of pregnancy shall
 be registered within seventy-two hours of such  pregnancy  loss  if  the
 individual experiencing the pregnancy loss requests such registration to
 facilitate  disposition of the products of conception in accordance with
 section forty-one hundred sixty-two of  this  title,  by  ELECTRONICALLY
 filing  directly  with  the department of health, a report of such loss.
 Such report shall be limited to the information  strictly  necessary  to
 facilitate disposition.
   §  4. Section 4160-a of the public health law, as added by chapter 552
 of the laws of 2011, is amended to read as follows:
   § 4160-a. Certificate of still birth. 1. The  department,  or  in  the
 city  of  New  York,  the [board] NEW YORK CITY DEPARTMENT of health AND
 MENTAL HYGIENE, shall establish  a  certificate  of  still  birth.  [The
 registrar  with whom a fetal death certificate is filed] THE DEPARTMENT,
 OR IN THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF  HEALTH  AND
 MENTAL  HYGIENE, shall issue a certificate of still birth [to the parent
 or parents named on a fetal death certificate issued in the  case  of  a
 stillbirth,]  upon the request of such parent or parents WHO EXPERIENCED
 THE STILL BIRTH.   If both parents are  deceased  at  the  time  of  the
 [stillbirth]  STILL BIRTH, the [registrar] DEPARTMENT, OR IN THE CITY OF
 NEW YORK,  THE NEW YORK CITY DEPARTMENT OF  HEALTH  AND  MENTAL  HYGIENE
 shall  issue  the  certificate  to,  and upon the request of, THE LAWFUL
 ESTATE REPRESENTATIVE, the sibling, parent, or parents  of  the  [birth]
 parents.
   2.  A  certificate  issued pursuant to this section shall include such
 appropriate information as shall be determined by the department  or  if
 the stillbirth occurred in the city of New York, by the [board] NEW YORK
 A. 4023                             3

 CITY  DEPARTMENT  of  health  AND MENTAL HYGIENE, and shall be on a form
 established by the department or [city of] New York [board] CITY DEPART-
 MENT of health AND MENTAL HYGIENE which is similar,  as  applicable,  to
 the form of a certificate prescribed by section forty-one hundred thirty
 of  this  article  relating  to a live birth.  THE DEPARTMENT, OR IN THE
 CITY OF NEW YORK, THE NEW YORK CITY  DEPARTMENT  OF  HEALTH  AND  MENTAL
 HYGIENE, SHALL PROVIDE FOR THE SUBMISSION OF SUCH FORM THROUGH ELECTRON-
 IC MEANS.
   3.  [A  person  who  prepares  a  fetal  death certificate pursuant to
 section forty-one hundred sixty of this  title  or,  if  the  stillbirth
 occurred  in  the city of New York, pursuant to the New York City health
 code, or their designee, shall inform,] THE PROVIDER ATTENDING THE STILL
 BIRTH OR SUCH PROVIDER'S DESIGNEE SHALL INFORM THE PARENTS  in  writing,
 [the  parent  or parents of a stillborn fetus] of the right to receive a
 certificate of still birth.  Provided, however that if both parents  are
 deceased at the time of such stillbirth, then the person shall so inform
 the  LAWFUL  ESTATE  REPRESENTATIVE,  sibling,  parent or parents of the
 [birth] parent or parents.
   4. The person who prepares a REQUEST FOR  A  certificate  pursuant  to
 this section shall include thereon the name given to the stillborn fetus
 by  the  parents,  if the parent or parents wish to include such name on
 such certificate.
   5. A certificate issued pursuant to this section shall not  constitute
 proof  of  a live birth. Furthermore, such certificate shall not be used
 to calculate live birth statistics.
   6. Notwithstanding any other provision of this chapter, the parent  or
 parents  may  elect to have the disclosure of and access to the informa-
 tion included on such certificate limited to the parents  named  on  the
 certificate,  their  lawful  representatives, to authorized personnel of
 the department, [and to the registrar] OR, IN  THE  CITY  OF  NEW  YORK,
 PERSONNEL OF THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
   7.  For the purposes of this section, the term "stillbirth" shall mean
 the [unintended] intrauterine death of a fetus  that  occurs  after  the
 clinical estimate of the twentieth week of gestation.
   8. A certificate of still birth may be requested and issued regardless
 of  the  date  on which the [fetal death] PREGNANCY LOSS certificate was
 issued.
   9. The [registrar] DEPARTMENT, OR IN THE CITY OF  NEW  YORK,  THE  NEW
 YORK  CITY  DEPARTMENT OF HEALTH AND MENTAL HYGIENE may charge a fee for
 the issuance of a certificate  under  this  section  equal  to  the  fee
 authorized by law for the certification of a birth or death.
   10.  This section shall apply to the city of New York, notwithstanding
 section forty-one hundred four of this article.  [For  the  purposes  of
 this  section, in relation to the city of New York, the term "registrar"
 shall mean the official of the city of New York with  whom  fetal  death
 certificates are filed.]
   §  5. Section 4161 of the public health law, as amended by chapter 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] PREGNANCY LOSS certificates; form and content;
 [physicians, nurse practitioners, midwives, and hospital administrators]
 HEALTH CARE PROFESSIONALS AND HOSPITAL ADMINISTRATORS.
   1. The certificate of [fetal death] PREGNANCY LOSS and the  report  of
 [fetal  death]  PREGNANCY  LOSS shall contain such information and be in
 A. 4023                             4

 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  article,  except  that
 unless requested by the [woman] INDIVIDUAL WHO EXPERIENCED THE PREGNANCY
 LOSS  neither  the certificate nor the report of [fetal death] PREGNANCY
 LOSS shall contain the name of the [woman] INDIVIDUAL, [her] SUCH  INDI-
 VIDUAL'S  social  security  number or any other information, ALONE OR IN
 COMBINATION, which would permit [her] SUCH INDIVIDUAL to  be  identified
 except  as  provided  in this subdivision. The report shall state that a
 certificate of [fetal death] PREGNANCY LOSS 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
 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] HEALTH  CARE
 PROVIDER  LICENSED  PURSUANT  TO  TITLE  EIGHT  OF THE EDUCATION LAW AND
 ACTING WITHIN THE SCOPE OF SUCH HEALTH CARE PROVIDER'S PRACTICE  was  in
 attendance at or after a [fetal death] PREGNANCY LOSS, it is the duty of
 such  [physician  or nurse practitioner] HEALTH CARE PROVIDER to certify
 [to] the [birth and to the cause of death on the fetal death]  PREGNANCY
 LOSS  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] PREGNANCY LOSSES occurring without the attendance of
 a [physician or nurse practitioner] HEALTH CARE PROVIDER as provided  in
 subdivision  two  of this section shall be treated as [deaths] OCCURRING
 without medical attendance, as provided in this article.
   4. When a [fetal death] PREGNANCY LOSS occurs in a hospital, except in
 those cases where certificates are issued by coroners or medical examin-
 ers, the person in charge of such hospital or [his or her] SUCH PERSON'S
 designated representative shall ENSURE THAT THE CERTIFICATE IS  promptly
 [present  the  certificate  to  the  physician  or nurse practitioner in
 attendance, or a physician or nurse practitioner 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  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 article] PREPARED IN ACCORDANCE WITH THE  PROVISIONS
 OF  THIS  ARTICLE  AND REGULATIONS AS PROMULGATED BY THE COMMISSIONER OF
 HEALTH.
   § 6. Section 4163 of the public health law, as added by chapter 589 of
 the laws of 1991, is amended to read as follows:
 A. 4023                             5
 
   § 4163. Penalties. Any person  who  shall  release  information  which
 might disclose the identity of the [woman] PREGNANT PERSON in connection
 with  a  certificate of [fetal death] PREGNANCY LOSS or report of [fetal
 death] PREGNANCY LOSS in violation of the provisions of this title shall
 be  subject  to  a civil penalty not to exceed five thousand dollars for
 each such release. Such penalty may be recovered in the same  manner  as
 the penalty provided in section twelve of this chapter.
   §  7. 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] PRODUCTS OF  CONCEPTION;  burial  and  removal;
 permits.    1.  [A] UPON REQUEST A permit shall be [required] ISSUED 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 uterog-
 estation] PRODUCTS OF CONCEPTION.
   2. Such permit shall be issued by the local registrar of the  district
 in  which  the [fetal death] PREGNANCY LOSS occurred upon [presentation]
 REQUEST by the funeral director [of a report of fetal death] SEEKING  TO
 TAKE POSSESSION OF THE PRODUCTS OF CONCEPTION, on the form prescribed by
 the  commissioner.  The  issuance of such permit shall be subject to the
 provisions of title IV of this article.
   § 8. This act shall take effect immediately;  provided,  however  that
 the amendments to subdivision 2 of section 4160 of the public health law
 made  by  section  two  of  this act shall expire and be deemed repealed
 September 30, 2026, when upon the provisions of section  three  of  this
 act shall take effect.