S3111-2011 - NY Senate Open Legislation - Directs the department of health to establish a certificate of birth resulting in stillbirth

Directs the department of health to establish a certificate of birth resulting in stillbirth; provides such form shall be given to the parents of a stillborn child; makes related provisions.

Sponsor: LARKIN / Co-sponsor(s): LANZA, ADAMS, AVELLA, CARLUCCI, DEFRANCISCO, FARLEY, GOLDEN, GRIFFO, JOHNSON, KENNEDY, LIBOUS, MAZIARZ, O'MARA, PARKER, RANZENHOFER, YOUNG
Law Section: Public Health Law / Law: Amd S4160, add S4160-a, Pub Health L

S3111-2011 Actions

Sep 23, 2011: SIGNED CHAP.552
Sep 12, 2011: DELIVERED TO GOVERNOR
Jun 16, 2011: returned to senate
Jun 16, 2011: passed assembly
Jun 16, 2011: ordered to third reading rules cal.345
Jun 16, 2011: substituted for a8178a
Jun 16, 2011: referred to ways and means
Jun 16, 2011: RETURNED TO ASSEMBLY
Jun 16, 2011: REPASSED SENATE
Jun 13, 2011: AMENDED ON THIRD READING 3111B
Jun 6, 2011: AMENDED ON THIRD READING (T) 3111A
Jun 6, 2011: VOTE RECONSIDERED - RESTORED TO THIRD READING
Jun 6, 2011: returned to senate
Jun 6, 2011: RECALLED FROM ASSEMBLY
May 16, 2011: referred to health
May 16, 2011: DELIVERED TO ASSEMBLY
May 16, 2011: PASSED SENATE
Mar 31, 2011: ADVANCED TO THIRD READING
Mar 30, 2011: 2ND REPORT CAL.
Mar 29, 2011: 1ST REPORT CAL.279
Feb 8, 2011: REFERRED TO HEALTH

S3111-2011 Meetings

Health: Mar 29, 2011

S3111-2011 Calendars

Active List: May 16, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011

S3111-2011 Votes

VOTE: COMMITTEE VOTE: - Health - Mar 29, 2011

Ayes (12): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Adams, Montgomery, Smith
Ayes W/R (4): Gianaris, Kruger, Rivera, Stewart-Cousins
Nays (1): Duane

VOTE: FLOOR VOTE: - May 16, 2011

Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin
Nays (2): Duane, Hassell-Thompson
Excused (1): Montgomery

S3111-2011 Memo

BILL NUMBER:S3111

TITLE OF BILL:
An act
to amend the public health law, in relation to
establishing a certificate of birth resulting in stillbirth

PURPOSE:
This bill requires the Department of Health to establish a Certificate
of Birth Resulting in Stillbirth. This new certificate would not
serve as proof of a live birth, but would be an official government
document issued to families to evidence the fact that they
experienced a birth resulting in stillbirth.

SUMMARY OF PROVISIONS:
Section 1: Amends Public Health Law section 4160(3) to add a technical
amendment as it relates to a Certificate of Birth and Fetal Death
certificate.

Section 2: Adds a new Public Health Law section 4160-a to establish a
new Certificate of Birth Resulting in Stillbirth. This provision
outlines the criteria needed for such a certificate to be issued, the
contents and license fee for such certificate, and those who are
eligible to receive such a Certificate of Birth Resulting in
Stillbirth. Such Certificate of Birth Resulting in Stillbirth shall
include such appropriate information as shall be determined by the
department and shall be on a form established by the department 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.

EXISTING LAW:
There is currently no certificate of birth resulting in stillbirth.
The certificates issued by the Department of Health include live
birth, death, and fetal death.

JUSTIFICATION:
A Certificate of Birth Resulting in Stillbirth would help to bring
closure to those who have endured the trauma of stillbirth by giving
them an official state registered certificate. Mothers who give birth
to a stillborn fetus have little validation of their "motherhood" or
the fact that they carried a fetus close to term or to term. A
Certificate of Birth Resulting in Stillbirth would provide grieving
parents, who must leave the hospital without a living child, the same
consideration and respect given to parents leaving the hospital with
an infant in their arms.
Regardless of the outcome, both sets of parents endured the same
billing process.

There are approximately 30,000 stillbirths that occur in the United
States each year. The number of stillbirths is greater than all
infant deaths combined. In fact, eight times as many babies are
stillborn when compared to the number of babies that die of Sudden
Infant Death Syndrome (SIDS). It was estimated that SIDS claimed 22
children in New York State in 2004, while during the same period
of time 1,784 infants were stillborn. Over 50% of stillbirths occur due


to an "undeterminable medical reason", Further, a majority of such
stillbirths occur near or at full term.
Stillbirth occurrences have no socioeconomic, age, race, lifestyle, or
behavioral indicators.

The only official government document or acknowledgment of a stillbirth
is a certificate of fetal death. Under current law, there is no
official recognition to parents that there was a birth. Under this
bill, a Certificate of Birth Resulting in Stillbirth would be issued
by the State of New York, upon the request of a grieving parent. Such
document would provide recognition of the birth, and if requested by
the parents, a name of the child would be duly recorded.

Nothing in this bill is intended to subject physicians, other health
care providers, or hospitals to any undue burden. Hospitals should
designate the appropriate person on the hospital staff to inform
parents of the availability of such certificate and the process for
requesting them. Written materials for the purposes of informing
parents could be developed by the Health Department for use by
hospital personnel. Some stillbirth bills have raised controversy
among some because they referred to the fetus as an unborn child. The
text of this bill does not use any such language.

It is the hope of this bill's sponsors that creating a Certificate of
Birth Resulting in Stillbirth will help to increase awareness of the
occurrence of stillbirth in this country. Further, that it will
encourage the pursuit of more medical research to help curtail the
incidence of stillbirths,

LEGISLATIVE HISTORY:
This bill is similar to S.57-A of 2005/2006, S.186-A of 2007/2008,
S.765 of 2009/2010

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
One hundred eightieth day after it shall have become law, with
provisions.

S3111-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3111
 2011-2012 Regular Sessions
 I N  SENATE
 February 8, 2011
 
 Introduced  by Sens. LARKIN, ADAMS, DeFRANCISCO, FARLEY, GOLDEN, GRIFFO,
 JOHNSON, LIBOUS, MAZIARZ, PARKER, RANZENHOFER, YOUNG -- 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 establishing a
 certificate of birth resulting in stillbirth
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Subdivision 3 of section 4160 of the public health law, as
 amended by chapter 436 of the laws  of  1967,  is  amended  to  read  as
 follows:

 3. For the purposes of this article, a fetal death shall be considered
 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.
 

S  2.  The public health law is amended by adding a new section 4160-a
 to read as follows:

 

S 4160-A. CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH. 1. THE DEPART
 MENT SHALL ESTABLISH A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH. THE
 REGISTRAR WITH WHOM A FETAL DEATH CERTIFICATE IS  FILED  SHALL  ISSUE  A
 CERTIFICATE  OF  BIRTH  RESULTING IN STILLBIRTH 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. IF BOTH PARENTS ARE DECEASED
 AT THE TIME OF THE STILLBIRTH, THE REGISTRAR SHALL ISSUE THE CERTIFICATE
 TO,  AND  UPON  THE  REQUEST  OF, 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 AND
 SHALL BE ON A FORM ESTABLISHED BY THE DEPARTMENT WHICH  IS  SIMILAR,  AS
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02740-03-1
        S. 3111                             2
 APPLICABLE, TO THE FORM OF A CERTIFICATE PRESCRIBED BY SECTION FORTY-ONE
 HUNDRED THIRTY OF THIS ARTICLE RELATING TO A LIVE BIRTH.
 3. A PERSON WHO PREPARES A FETAL DEATH CERTIFICATE PURSUANT TO SECTION
 FORTY-ONE  HUNDRED SIXTY OF THIS TITLE, OR THEIR DESIGNEE, SHALL INFORM,
 IN WRITING, THE PARENT OR PARENTS OF A STILLBORN FETUS OF THE  RIGHT  TO
 RECEIVE A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH. PROVIDED, HOWEV
 ER  THAT  IF  BOTH  PARENTS ARE DECEASED AT THE TIME OF SUCH STILLBIRTH,
 THEN THE PERSON SHALL SO INFORM THE SIBLING, PARENT OR  PARENTS  OF  THE
 BIRTH PARENT OR PARENTS.
 4.  THE  PERSON  WHO  PREPARES  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.
 7. FOR THE PURPOSES OF THIS SECTION, THE TERM "STILLBIRTH" SHALL  MEAN
 THE UNINTENDED INTRAUTERINE DEATH OF A FETUS THAT OCCURS AFTER THE CLIN
 ICAL ESTIMATE OF THE TWENTIETH WEEK OF GESTATION.
 8. A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH MAY BE REQUESTED AND
 ISSUED  REGARDLESS  OF THE DATE ON WHICH THE FETAL DEATH CERTIFICATE WAS
 ISSUED.
 9. THE REGISTRAR MAY CHARGE A FEE FOR THE ISSUANCE  OF  A  CERTIFICATE
 UNDER  THIS  SECTION  EQUAL TO THE FEE AUTHORIZED BY LAW FOR THE CERTIF
 ICATION 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 CERTIF
 ICATES ARE FILED.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, and shall apply to instances  of  stillbirth
 regardless  of  whether they occurred before or after the effective date
 of this act.

S3111-2011: Directs the department of health to establish a certificate of birth resulting in stillbirth