New York S 3173: Relates to clarifying which entities handle the reporting of pregnancy loss

Bill Text

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S03173 Summary:

BILL NOS03173 

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SAME ASSAME AS A04023

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SPONSORHINCHEY

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COSPNSRCOMRIE, FAHY, GOUNARDES, HARCKHAM, HOYLMAN-SIGAL, JACKSON, RYAN C, SALAZAR, SKOUFIS

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MLTSPNSR

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Amd Art 41 Title 5 Title Head, §§4160, 4160-a, 4161, 4163 & 4162, Pub Health L

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Relates to clarifying which entities handle the reporting of pregnancy loss; the responsibilities of health care providers and penalties for not protecting the identities of individuals who suffered a pregnancy loss.

Go to top S03173 Actions:

BILL NOS03173 

&nbsp

01/24/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS03173 Committee&nbspVotes:

Go to topS03173 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03173 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3173

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sen. HINCHEY -- 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 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:

 1 Section 1. The title heading of title 5 of article 41 of the public
 2 health law, as amended by chapter 436 of the laws of 1967, is amended to
 3 read as follows:
 4 [REGISTRATION OF FETAL DEATHS] REPORTING OF PREGNANCY LOSS
 5 § 2. Section 4160 of the public health law, as amended by chapter 436
 6 of the laws of 1967, subdivision 2 as amended and subdivisions 4 and 5
 7 as added by chapter 809 of the laws of 1987 and subdivision 3 as amended
 8 by chapter 552 of the laws of 2011, is amended to read as follows:
 9 § 4160. [Fetal deaths; registration] Pregnancy loss; reporting. 1.
 10 [Fetal death] Pregnancy loss is defined as [death prior to the complete
 11 expulsion or extraction from its mother of a product of conception; the
 12 death is indicated by the fact that after such separation, the fetus
 13 does not breathe or show any other evidence of life such as beating of
 14 the heart, pulsation of the umbilical cord, or definite movement of
 15 voluntary muscles] the loss of a pregnancy at any gestation, as
 16 confirmed by a health care provider licensed pursuant to title eight of
 17 the education law and acting within such health care provider's scope of
 18 practice, including spontaneous miscarriage, still birth, or any termi-
 19 nation of pregnancy which is consistent with the requirements of article
 20 twenty-five-a of this chapter.
 21 2. A pregnancy loss caused by spontaneous miscarriage or still birth
 22 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

 S. 3173 2

 1 electronically filing directly with the department of health, a report
 2 of such loss.
 3 3. A [fetal death] pregnancy loss due to an induced termination of
 4 pregnancy shall be registered within seventy-two hours [after expulsion
 5 of such fetus] of such pregnancy loss if the individual experiencing the
 6 pregnancy loss requests such registration to facilitate disposition of
 7 the products of conception in accordance with section forty-one hundred
 8 sixty-two of this title, by filing directly with the [commissioner]
 9 department of health, a [certificate] report of such [death] loss. [In
 10 addition, a] Such report [of fetal death] shall be [reported] limited to
 11 the [registrar in the district in which the fetal death occurred] infor-
 12 mation strictly necessary to facilitate disposition.
 13 [3. For the purposes of this article, a fetal death shall be consid-
 14 ered as a birth and as a death except that, for a fetal death, separate
 15 birth and death certificates shall not be required to be prepared and
 16 recorded, except as provided in section forty-one hundred sixty-a of
 17 this title.
 18 4. Local registrars of each district in which fetal death certificates
 19 were filed prior to the effective date of this subdivision sh