Bill Text: NY S07438 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to establishing protocols for stillbirths and establishing a stillbirth research database.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-04-29 - REFERRED TO HEALTH [S07438 Detail]

Download: New_York-2015-S07438-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7438
                    IN SENATE
                                     April 29, 2016
                                       ___________
        Introduced  by  Sen.  COMRIE -- 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  establishing
          protocols for stillbirths and establishing a stillbirth research data-
          base
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 206 of the public health law is amended by adding a
     2  new subdivision 30 to read as follows:
     3    30. (a) The commissioner, in consultation  with  the  state  board  of
     4  medical  examiners,  the  New York board of nursing, the state board for
     5  psychology, and the state board  for  social  work,  shall  develop  and
     6  prescribe  by  regulation  comprehensive  policies  and procedures to be
     7  followed by health care facilities that  provide  birthing  and  newborn
     8  care services in the state when a stillbirth occurs.
     9    (b)  The  commissioner  shall require as a condition of licensure that
    10  each health care facility  in  the  state  that  provides  birthing  and
    11  newborn  care  services adhere to the policies and procedures prescribed
    12  in this subdivision. The policies and procedures  shall  include,  at  a
    13  minimum:
    14    (i)  protocols  for assigning primary responsibility to one physician,
    15  who shall communicate the condition of the fetus to the mother and fami-
    16  ly, and inform and coordinate staff to assist with labor, delivery,  and
    17  postmortem procedures;
    18    (ii)  guidelines to assess a family's level of awareness and knowledge
    19  regarding the stillbirth;
    20    (iii) the establishment of a bereavement checklist,  and  an  informa-
    21  tional  pamphlet  to be given to a family experiencing a stillbirth that
    22  includes information about funeral and cremation options;
    23    (iv) provision of one-on-one nursing care  for  the  duration  of  the
    24  mother's stay at the facility;
    25    (v)  training of physicians, nurses, psychologists, and social workers
    26  to ensure that information is provided to the mother and family  experi-
    27  encing  a  stillbirth in a sensitive manner, including information about
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13549-01-6
        S. 7438                             2
     1  what to expect, the availability of grief counseling, the opportunity to
     2  develop a plan of care that meets the family's  social,  religious,  and
     3  cultural needs, and the importance of an autopsy and thorough evaluation
     4  of the fetus;
     5    (vi)  best practices to provide psychological and emotional support to
     6  the mother and family following a stillbirth, including referring to the
     7  fetus by name, and offering the family the opportunity to cut the umbil-
     8  ical cord, hold the baby with privacy and without time restrictions, and
     9  prepare a memory box with keepsakes, such  as  a  handprint,  footprint,
    10  blanket,  bracelet,  lock  of  hair, and photographs, and provisions for
    11  retaining the keepsakes for one year if the family chooses not  to  take
    12  them at discharge;
    13    (vii)  protocols to ensure that the physician assigned primary respon-
    14  sibility for communicating with the family discusses the  importance  of
    15  an  autopsy  for the family, including the significance of autopsy find-
    16  ings on future pregnancies and  the  significance  that  data  from  the
    17  autopsy may have for other families;
    18    (viii)  protocols  to  ensure  coordinated  visits  to the family by a
    19  hospital staff trained to address the psychosocial  needs  of  a  family
    20  experiencing  a stillbirth, provide guidance in the bereavement process,
    21  assist with completing any forms required in connection with the  still-
    22  birth and autopsy, and offer the family the opportunity to meet with the
    23  hospital chaplain or other individual from the family's religious commu-
    24  nity; and
    25    (ix)  guidelines  for educating health care professionals and hospital
    26  staff on caring for families after stillbirth.
    27    § 2. Subdivision 1 of section 201 of the public health law is  amended
    28  by adding three new paragraphs (w), (x) and (y) to read as follows:
    29    (w)  establish  a  fetal  death  evaluation protocol, which a hospital
    30  licensed shall follow in collecting data relevant  to  each  stillbirth.
    31  The  information  required  to  be  collected  shall include, but not be
    32  limited to:
    33    (i) the race, age of the mother, maternal and paternal family history,
    34  comorbidities, prenatal care history, antepartum  findings,  history  of
    35  past  obstetric  complications,  exposure  to viral infections, smoking,
    36  drug and alcohol use, fetal  growth  restriction,  placental  abruption,
    37  chromosomal  and  genetic abnormalities obtained pre-delivery, infection
    38  in premature fetus, cord accident, including evidence of obstruction  or
    39  circulatory  compromise,  history  of  thromboembolism,  and whether the
    40  mother gave birth before; and
    41    (ii) documentation of the evaluation of a stillborn  fetus,  placenta,
    42  and  cytologic specimen that conform to the standards established by the
    43  American College of Obstetricians and Gynecologists and meet  any  other
    44  requirements deemed by the commissioner as necessary, including, but not
    45  limited to, the following components:
    46    (A)  if  the  parents consent to a complete autopsy: the weight of the
    47  fetus and placenta, head circumference, length of fetus, foot length  if
    48  stillbirth occurred before twenty-three weeks of gestation, and notation
    49  of  any  dysmorphic  feature;  photograph of the whole body, frontal and
    50  profile of face, extremities and palms, close-up of any specific  abnor-
    51  malities;  examination of the placenta and umbilical cord; and gross and
    52  microscopic examination of membranes and umbilical cord; or
    53    (B) if the parents do not consent to a complete autopsy, an evaluation
    54  of a fetus as set forth in clause (A) of this subparagraph,  and  appro-
    55  priate  alternatives  to a complete autopsy, including a placental exam-
        S. 7438                             3
     1  ination, external  examination,  selected  biopsies,  X-rays,  MRI,  and
     2  ultrasound.
     3    (x)  shall establish and maintain a database that contains a confiden-
     4  tial record of all data obtained  pursuant  to  paragraph  (w)  of  this
     5  subdivision.  The data shall be made available to the public through the
     6  department website, except that no data shall  identify  any  person  to
     7  whom the data relate.
     8    (y) shall evaluate the data obtained pursuant to paragraph (w) of this
     9  subdivision  for  purposes  of  identifying  the  causes of, and ways to
    10  prevent, stillbirths, and may contract with a  third  party,  including,
    11  but  not  limited  to,  a  public institution of higher education in the
    12  state or a foundation, to undertake the evaluation.
    13    § 3. This act shall take effect sixty days after it shall have  become
    14  a law; provided, however, that no later than five years after the effec-
    15  tive  date  of  this act, the commissioner of health shall report to the
    16  governor, and to the legislature, on  the  findings  of  the  evaluation
    17  required  pursuant  to section two of this act, and shall include in the
    18  report any recommendations for legislative action that the  commissioner
    19  deems  appropriate.  Such  commissioner shall also adopt rules and regu-
    20  lations as he or she determines necessary to effectuate the purposes  of
    21  this act.