2013 New York Consolidated Laws
PBH - Public Health
Article 41 - VITAL STATISTICS
Title 5 - (4160 - 4163) REGISTRATION OF FETAL DEATHS
4161 - Fetal death certificates; form and content; physicians, nurse practitioners, midwives, and hospital administrators.


NY Pub Health L § 4161 (2012) What's This?
 
    §  4161. Fetal death certificates; form and content; physicians, nurse
  practitioners, midwives, and hospital administrators.
    1. The certificate 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 article, 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  commissioner  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 coordination 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 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
  representative  shall  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.

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