Bill Text: NY A01297 | 2023-2024 | General Assembly | Amended

New York Assembly Bill 1297

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Requires hospitals to adopt, implement and periodically update standard protocols for the management of fetal demise.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2023-10-25 - signed chap.542 [A01297 Detail]

Download: New_York-2023-A01297-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         1297--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by M. of A. BICHOTTE HERMELYN, SIMON, GONZALEZ-ROJAS, REYES,
          COLTON, WALKER, GIBBS, KELLES, FORREST -- Multi-Sponsored by -- M.  of
          A.   LEVENBERG -- read once and referred to the Committee on Health --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to amend the public health law, in relation to requiring hospi-
          tals to adopt, implement and periodically  update  standard  protocols
          for the management of fetal or embryo death in utero

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as "Mickie's law".
     2    § 2. The public health law is amended by adding a new section 2803-o-1
     3  to read as follows:
     4    § 2803-o-1. Required protocols for fetal or  embryo  death  in  utero.
     5  Hospitals shall adopt, implement and periodically update standard proto-
     6  cols  for the management of fetal or embryo death in utero.  Such proto-
     7  cols shall include informing the patient of treatment options  including
     8  but  be not limited to: (a) spontaneous miscarriage; (b) surgical evacu-
     9  ation; and (c) the induction of labor.  Such protocols shall require the
    10  hospital to determine whether an expectant mother with a confirmed  dead
    11  fetus or embryo in utero is experiencing an emergency medical condition,
    12  and upon making a diagnosis of an emergency medical condition, admit the
    13  expectant mother to the hospital or treat them in the emergency room for
    14  potential  intervention,  close  observation,  continuous monitoring and
    15  stabilizing treatment until it is deemed medically safe for discharge or
    16  transfer to another medical facility or unit, if necessary,  in  accord-
    17  ance  with  the federal Emergency Medical Treatment and Labor Act (EMTA-
    18  LA).
    19    § 3. This act shall take effect on the thirtieth day  after  it  shall
    20  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01143-06-3