Bill Text: NY S00637 | 2009-2010 | General Assembly | Introduced

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Bill Title: Enacts the "missing angels act"; requires the department of health office of vital records to establish a form of certificate of birth resulting in stillbirth; provides such form shall be given to the parents of a stillborn child; makes related provisions.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S00637 Detail]

Download: New_York-2009-S00637-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          637
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2009
                                      ___________
       Introduced  by Sens. LARKIN, DeFRANCISCO, GOLDEN, GRIFFO, MAZIARZ, MORA-
         HAN, VOLKER -- 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 enacting the
         "missing angels act"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short title.  This act shall be known and may be cited as
    2  the "missing angels act".
    3    S 2. The public health law is  amended  by  adding  two  new  sections
    4  4160-a and 4160-b to read as follows:
    5    S  4160-A.  CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH. 1.  NOTWITH-
    6  STANDING THE PROVISIONS OF  SECTION  FORTY-ONE  HUNDRED  SIXTY  OF  THIS
    7  TITLE,  THE  OFFICE OF VITAL RECORDS OF THE DEPARTMENT SHALL ESTABLISH A
    8  CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH ON A FORM APPROVED  BY  THE
    9  LOCAL  REGISTRAR FOR EACH STILLBIRTH.  THIS CERTIFICATE WILL BE PROVIDED
   10  TO THE PARENT OR PARENTS OF A STILLBORN CHILD.
   11    2. THE CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH SHALL MEET ALL  OF
   12  THE  FORMAT  AND FILING REQUIREMENTS OF SECTION FORTY-ONE HUNDRED THIRTY
   13  OF THIS ARTICLE RELATING TO A LIVE BIRTH.
   14    3. THE PERSON WHO PREPARES THE CERTIFICATE PURSUANT  TO  THIS  SECTION
   15  SHALL  LEAVE  BLANK  ANY REFERENCES TO THE STILLBORN CHILD'S NAME IF THE
   16  PARENT OR PARENTS DO NOT WISH TO PROVIDE A NAME OF THE STILLBORN CHILD.
   17    4. FOR PURPOSES OF FEDERAL, STATE AND  LOCAL  TAXES,  THE  CERTIFICATE
   18  PROVIDED UNDER THIS SECTION IS NOT PROOF OF A LIVE BIRTH.
   19    5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CHAPTER, THE PARENTS
   20  MAY CHOOSE TO LIMIT THE DISCLOSURE OF INFORMATION TO THE  PARENTS  NAMED
   21  ON  THE  CERTIFICATE,  THEIR  LAWFUL  REPRESENTATIVES  AND TO AUTHORIZED
   22  PERSONNEL OF THE DEPARTMENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02228-01-9
       S. 637                              2
    1    6. FOR THE PURPOSES OF THIS TITLE, THE TERM  "STILLBIRTH"  SHALL  MEAN
    2  THE  NATURALLY OCCURRING INTRAUTERINE DEATH OF A FETUS THAT OCCURS AFTER
    3  THE TWENTIETH WEEK OF PREGNANCY.
    4    S  4160-B. DELAYED REGISTRATION OF BIRTH RESULTING IN STILLBIRTH. WHEN
    5  A BIRTH RESULTING IN STILLBIRTH OCCURRING IN THIS  STATE  HAS  NOT  BEEN
    6  REGISTERED  WITHIN  ONE  YEAR  AFTER THE DATE OF DELIVERY, A CERTIFICATE
    7  MARKED "DELAYED" MAY BE FILED AND REGISTERED IN  ACCORDANCE  WITH  REGU-
    8  LATIONS  OF  THE COMMISSIONER RELATING TO EVIDENTIARY AND OTHER REQUIRE-
    9  MENTS SUFFICIENT TO SUBSTANTIATE THE ALLEGED FACTS OF BIRTH RESULTING IN
   10  STILLBIRTH.
   11    S 3. This act shall take effect on the ninetieth day  after  it  shall
   12  have become a law.