Bill Text: NY S04668 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes the electronic death registration system.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-06-21 - SUBSTITUTED BY A7500A [S04668 Detail]
Download: New_York-2013-S04668-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4668--B
2013-2014 Regular Sessions
I N S E N A T E
April 17, 2013
___________
Introduced by Sens. CARLUCCI, SAVINO -- read twice and ordered printed,
and when printed to be committed to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- committee discharged and said bill commit-
ted to the Committee on Finance -- committee discharged and said bill
committed to the Committee on Health -- reported favorably from said
committee and committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law, in relation to the establishment
of an electronic death registration system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section
2 4148 to read as follows:
3 S 4148. ELECTRONIC DEATH REGISTRATION SYSTEM. 1. THE DEPARTMENT IS
4 HEREBY AUTHORIZED AND DIRECTED TO DESIGN, IMPLEMENT AND MAINTAIN AN
5 ELECTRONIC DEATH REGISTRATION SYSTEM FOR COLLECTING, STORING, RECORDING,
6 TRANSMITTING, AMENDING, CORRECTING AND AUTHENTICATING INFORMATION, AS
7 NECESSARY AND APPROPRIATE TO COMPLETE A DEATH REGISTRATION, AND TO
8 GENERATE SUCH DOCUMENTS AS DETERMINED BY THE DEPARTMENT IN RELATION TO A
9 DEATH OCCURRING IN THIS STATE. AS PART OF THE DESIGN AND IMPLEMENTATION
10 OF THE SYSTEM ESTABLISHED BY THIS SECTION, THE DEPARTMENT SHALL CONSULT
11 WITH ALL PERSONS AUTHORIZED TO USE SUCH SYSTEM TO THE EXTENT PRACTICABLE
12 AND FEASIBLE. THE PAYMENT REFERENCED IN SUBDIVISION FIVE OF THIS
13 SECTION SHALL BE COLLECTED FOR EACH BURIAL OR REMOVAL PERMIT ISSUED ON
14 OR AFTER THE EFFECTIVE DATE OF THIS SECTION FROM THE LICENSED FUNERAL
15 DIRECTOR OR UNDERTAKER TO WHOM SUCH PERMIT IS ISSUED, IN THE MANNER
16 SPECIFIED BY THE DEPARTMENT AND SHALL BE USED SOLELY FOR THE PURPOSE SET
17 FORTH IN SUBDIVISION FIVE OF THIS SECTION. EXCEPT AS SPECIFICALLY
18 PROVIDED IN THIS SECTION, THE EXISTING GENERAL DUTIES OF, AND REMUNERA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10019-03-3
S. 4668--B 2
1 TION RECEIVED BY, LOCAL REGISTRARS IN ACCEPTING AND FILING CERTIFICATES
2 OF DEATH AND ISSUING BURIAL AND REMOVAL PERMITS PURSUANT TO ANY STATUTE
3 OR REGULATION SHALL BE MAINTAINED, AND NOT ALTERED OR ABRIDGED IN ANY
4 WAY BY THIS SECTION.
5 2. COMMENCING ON THE IMPLEMENTATION DATE, THE DEPARTMENT SHALL REQUIRE
6 THAT DEATHS OCCURRING WITHIN THIS STATE MUST BE REGISTERED USING THE
7 ELECTRONIC DEATH REGISTRATION SYSTEM ESTABLISHED IN THIS SECTION. ELEC-
8 TRONIC DEATH REGISTRATION MAY BE PHASED IN, AS DETERMINED BY THE COMMIS-
9 SIONER, FOR DEATHS OCCURRING IN THE STATE UNTIL THE ELECTRONIC DEATH
10 REGISTRATION SYSTEM IS FULLY IMPLEMENTED IN THE STATE. AS USED IN THIS
11 SECTION, "IMPLEMENTATION DATE" MEANS THE FIRST DAY IN JANUARY IN THE
12 SECOND YEAR AFTER THIS SECTION BECOMES A LAW, OR AS SOON THEREAFTER AS
13 THE COMMISSIONER REASONABLY DETERMINES BY REGULATION IS FEASIBLE IN
14 LIGHT OF THE INTENT OF THIS SECTION.
15 3. COMMENCING ON THE IMPLEMENTATION DATE, ALL PERSONS REQUIRED TO
16 REGISTER A DEATH OR FILE A CERTIFICATE OF DEATH UNDER THIS ARTICLE, AND
17 SUCH OTHERS AS MAY BE AUTHORIZED BY THE COMMISSIONER, SHALL HAVE ACCESS
18 TO THE ELECTRONIC DEATH REGISTRATION SYSTEM FOR THE PURPOSE OF ENTERING
19 INFORMATION REQUIRED TO EXECUTE, COMPLETE AND FILE A CERTIFICATE OF
20 DEATH OR TO RETRIEVE SUCH INFORMATION OR GENERATE DOCUMENTATION FROM THE
21 ELECTRONIC DEATH REGISTRATION SYSTEM. THE CONFIDENTIALITY PROVISIONS IN
22 SECTION FORTY-ONE HUNDRED FORTY-SEVEN OF THIS TITLE SHALL APPLY TO
23 INFORMATION MAINTAINED IN THIS SYSTEM.
24 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, COMMENCING ON
25 OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, OR ON SUCH DATE DETERMINED
26 BY THE COMMISSIONER PURSUANT TO SUBDIVISION TWO OF THIS SECTION, ANY
27 REQUIREMENT OF THIS TITLE FOR A SIGNATURE OF ANY PERSON SHALL BE DEEMED
28 SATISFIED BY THE USE BY SUCH PERSON OF DIGITAL SIGNATURE PROVIDED SUCH
29 PERSON IS AUTHORIZED IN ACCORDANCE WITH THIS SECTION TO USE THE ELEC-
30 TRONIC DEATH REGISTRATION SYSTEM.
31 5. LICENSED FUNERAL DIRECTORS AND UNDERTAKERS SHALL SUPPORT THE ESTAB-
32 LISHMENT AND MAINTENANCE OF THE ELECTRONIC DEATH REGISTRATION SYSTEM
33 THROUGH A PAYMENT, TENDERED FOR EACH BURIAL AND REMOVAL PERMIT ISSUED TO
34 A LICENSED FUNERAL DIRECTOR OR UNDERTAKER, IN THE AMOUNT OF TWENTY
35 DOLLARS, PROVIDED THAT SUCH PAYMENT SHALL BE CONSIDERED A COST OF OPERA-
36 TION AND THE FUNERAL DIRECTOR OR UNDERTAKER SHALL NOT CHARGE ANY ADDI-
37 TIONAL FEE RELATED TO SUCH PAYMENT FOR FUNERAL OR OTHER SERVICES.
38 S 2. Subdivision 1 of section 4100-a of the public health law, as
39 amended by chapter 644 of the laws of 1988, is amended and a new subdi-
40 vision 5 is added to read as follows:
41 1. The term "certified copy" means a photographic reproduction in the
42 form of a photocopy or a microfilm print of the original certificate OR
43 ELECTRONICALLY PRODUCED PRINT OF THE ORIGINAL CERTIFICATE, COMMENCING ON
44 OR AFTER THE IMPLEMENTATION DATE UNDER SECTION FORTY-ONE HUNDRED FORTY-
45 EIGHT OF THIS TITLE, and certified by the commissioner, his designated
46 representative, a local registrar [or his deputy], DEPUTY REGISTRAR OR
47 SUB-REGISTRAR as a true copy thereof.
48 5. THE TERM "ELECTRONIC DEATH REGISTRATION SYSTEM" MEANS THE DATA
49 SYSTEM CREATED AND MAINTAINED BY THE DEPARTMENT FOR COLLECTING, STORING,
50 RECORDING, TRANSMITTING, AMENDING, CORRECTING AND AUTHENTICATING INFOR-
51 MATION, AS NECESSARY AND APPROPRIATE TO COMPLETE A DEATH REGISTRATION,
52 AND TO GENERATE SUCH DOCUMENTS AS DETERMINED BY THE DEPARTMENT, INCLUD-
53 ING PERMITS OR CERTIFICATES, RELATING TO A DEATH OCCURRING IN THIS
54 STATE.
55 S 3. Subdivision 1 of section 4140 of the public health law is amended
56 to read as follows:
S. 4668--B 3
1 1. The death of each person who has died in this state shall be regis-
2 tered immediately and not later than seventy-two hours after death or
3 the finding of a dead human body, by filing with the registrar of the
4 district in which the death occurred or the body was found a certificate
5 of such death, [which certificate shall be upon the form] IN A MANNER
6 AND FORMAT AS prescribed by the commissioner, WHICH SHALL INCLUDE
7 THROUGH ELECTRONIC MEANS IN ACCORDANCE WITH SECTION FORTY-ONE HUNDRED
8 FORTY-EIGHT OF THIS TITLE.
9 S 4. Section 4141-a of the public health law, as amended by chapter
10 153 of the laws of 2011, is amended to read as follows:
11 S 4141-a. Death certificate; duties of hospital administrator. When a
12 death occurs in a hospital, except in those cases where certificates are
13 issued by coroners or medical examiners, the person in charge of such
14 hospital or his or her designated representative shall promptly present
15 the certificate to the physician or nurse practitioner in attendance, or
16 a physician or nurse practitioner acting in his or her behalf, who shall
17 promptly certify to the facts of death, provide the medical information
18 required by the certificate, sign the medical certificate of death, and
19 thereupon return such certificate to such person, so that the seventy-
20 two hour registration time limit prescribed in section four thousand one
21 hundred forty of this title can be met; PROVIDED, HOWEVER THAT COMMENC-
22 ING ON OR AFTER THE IMPLEMENTATION DATE UNDER SECTION FORTY-ONE HUNDRED
23 FORTY-EIGHT OF THIS TITLE, INFORMATION AND SIGNATURES REQUIRED BY THIS
24 SECTION SHALL BE OBTAINED AND MADE IN ACCORDANCE WITH SECTION FORTY-ONE
25 HUNDRED FORTY-EIGHT OF THIS TITLE.
26 S 5. Section 4142 of the public health law is amended by adding a new
27 subdivision (e) to read as follows:
28 (E) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF LAW AS MAY BE SET FORTH
29 IN THIS SECTION, COMMENCING ON OR AFTER THE IMPLEMENTATION DATE UNDER
30 SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS TITLE, INFORMATION AND
31 SIGNATURES REQUIRED BY THIS SUBDIVISION SHALL BE OBTAINED AND MADE IN
32 ACCORDANCE WITH SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS TITLE.
33 S 6. Paragraph (b) of subdivision 2 and subdivisions 3 and 5 of
34 section 4144 of the public health law, paragraph (b) of subdivision 2 as
35 amended by chapter 153 of the laws of 2011, are amended to read as
36 follows:
37 (b) Verbal permission to remove a body of a deceased person from the
38 county in which death occurred or the body was found to a non-adjacent
39 county within the state of New York, as provided in subdivision one of
40 this section, shall be issued by the said registrar of vital statistics,
41 upon request by telephone of a licensed funeral director or undertaker
42 who holds a certificate of death signed by the attending physician or
43 nurse practitioner, OR FOR DEATHS OCCURRING ON OR AFTER THE IMPLEMENTA-
44 TION DATE UNDER SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS TITLE,
45 SUCH CERTIFICATE OF DEATH SIGNED BY THE ATTENDING PHYSICIAN OR NURSE
46 PRACTITIONER IS AVAILABLE ELECTRONICALLY IN ACCORDANCE WITH SECTION
47 FORTY-ONE HUNDRED FORTY-EIGHT OF THIS TITLE, showing that the death
48 resulted from natural causes and was not a result of accidental,
49 suicidal, homicidal or other external causes.
50 3. No registrar of vital statistics shall receive any fee for the
51 issuance of burial or removal permits under this chapter EXCEPT AS
52 REFERENCED BY SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS TITLE AND
53 other than the compensation provided in this article.
54 5. If the interment, or other disposition of the body of a deceased
55 person is to be made within the state, the wording of the burial or
56 removal permit may be limited to a statement by the registrar, and over
S. 4668--B 4
1 his signature, that a satisfactory certificate of death, having been
2 filed with him, as required by law, permission is granted to inter,
3 remove or otherwise dispose of the body, stating the name, age, sex,
4 cause of death, and other necessary details [upon the form prescribed by
5 the commissioner] IN A MANNER AND FORMAT AS MAY BE REQUIRED BY THE
6 COMMISSIONER.
7 S 7. Subdivisions 1 and 4 of section 4161 of the public health law,
8 subdivision 1 as amended by chapter 589 of the laws of 1991 and subdivi-
9 sion 4 as amended by chapter 153 of the laws of 2011, are amended to
10 read as follows:
11 1. The certificate of fetal death and the report of fetal death shall
12 contain such information and be in such form as the commissioner may
13 prescribe; PROVIDED HOWEVER THAT COMMENCING ON OR AFTER THE IMPLEMENTA-
14 TION DATE UNDER SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS ARTICLE,
15 INFORMATION AND SIGNATURES REQUIRED BY THIS SUBDIVISION SHALL BE
16 OBTAINED AND MADE IN ACCORDANCE WITH SECTION FORTY-ONE HUNDRED
17 FORTY-EIGHT OF THIS ARTICLE, except that unless requested by the woman
18 neither the certificate nor the report of fetal death shall contain the
19 name of the woman, her social security number or any other information
20 which would permit her to be identified except as provided in this
21 subdivision. The report shall state that a certificate of fetal death
22 was filed with the commissioner and the date of such filing. The commis-
23 sioner shall develop a unique, confidential identifier to be used on the
24 certificate of fetal death to be used in connection with the exercise of
25 the commissioner's authority to monitor the quality of care provided by
26 any individual or entity licensed to perform an abortion in this state
27 and to permit coordination of data concerning the medical history of the
28 woman for purposes of conducting surveillance scientific studies and
29 research pursuant to the provisions of paragraph (j) of subdivision one
30 of section two hundred six of this chapter.
31 4. When a fetal death occurs in a hospital, except in those cases
32 where certificates are issued by coroners or medical examiners, the
33 person in charge of such hospital or his or her designated represen-
34 tative shall promptly present the certificate to the physician or nurse
35 practitioner in attendance, or a physician or nurse practitioner acting
36 in his or her behalf, who shall promptly certify to the facts of birth
37 and of fetal death, provide the medical information required by the
38 certificate, sign the medical certificate of birth and death, and there-
39 upon return such certificate to such person, so that the seventy-two
40 hour registration time limit prescribed in section four thousand one
41 hundred sixty of this title can be met; PROVIDED, HOWEVER THAT COMMENC-
42 ING ON OR AFTER THE IMPLEMENTATION DATE UNDER SECTION FORTY-ONE HUNDRED
43 FORTY-EIGHT OF THIS ARTICLE, INFORMATION AND SIGNATURES REQUIRED BY THIS
44 SUBDIVISION SHALL BE OBTAINED AND MADE IN ACCORDANCE WITH SECTION
45 FORTY-ONE HUNDRED FORTY-EIGHT OF THIS ARTICLE.
46 S 8. Subdivision 3 of section 4171 of the public health law is amended
47 to read as follows:
48 3. All certificates, either of birth or death, shall be written legi-
49 bly, in durable black ink, [and no] PROVIDED, HOWEVER, THAT COMMENCING
50 ON OR AFTER THE IMPLEMENTATION DATE UNDER SECTION FORTY-ONE HUNDRED
51 FORTY-EIGHT OF THIS ARTICLE, DEATH CERTIFICATES SHALL BE COMPLETED IN
52 ACCORDANCE WITH SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THIS ARTICLE.
53 NO certificate, WHETHER FILED IN PAPER FORM OR DEATH CERTIFICATE FILED
54 ELECTRONICALLY IN ACCORDANCE WITH SECTION FORTY-ONE HUNDRED FORTY-EIGHT
55 OF THIS ARTICLE, shall be held to be complete and correct that does not
S. 4668--B 5
1 supply all of the items of information called for therein, or satisfac-
2 torily account for their omission.
3 S 9. This act shall take effect immediately, provided that the commis-
4 sioner of health is authorized to make regulations as necessary to
5 implement this act.
