Bill Text: NY S09581 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires a healthcare provider to inform a patient of the options for treatment following confirmation of the death of a fetus or embryo in utero, including surgical evacuation, the induction of labor and allowing the patient to spontaneously miscarriage; requires the healthcare provider to arrange for the removal of the fetus or embryo and the associated products of conception through surgical evacuation or the induction of labor within forty-eight hours of the confirmation of fetal or embryo death if requested to do so by the patient and if medically advisable, or to refer the patient to another healthcare provider capable of providing such services and to advise the patient of the facility registry; requires a healthcare provider to notify the patient of fetal or embryo death within twenty-four hours of confirmation of the death; requires the commissioner of health to establish a registry of facilities that provide certain services; requires hospitals to have healthcare personnel on call to perform certain procedures following the death of a fetus or embryo in utero; and requires certain healthcare providers who apply for a license to practice certain specialties to have training in performing certain procedures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-10-19 - REFERRED TO RULES [S09581 Detail]
Download: New_York-2021-S09581-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9581 IN SENATE October 19, 2022 ___________ Introduced by Sen. BROUK -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to treatment follow- ing the confirmation of fetal or embryo death in utero; to amend the public health law, in relation to requiring the commissioner of health to establish a registry of facilities providing certain services and to requiring hospitals to have healthcare providers on call to perform certain procedures; and to amend the education law, in relation to requiring training in certain procedures 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 2500-l 3 to read as follows: 4 § 2500-l. Treatment following fetal or embryo death in utero. 1. 5 Notwithstanding any provision to the contrary, in the event that a fetus 6 or embryo dies while in utero, and such death is confirmed by a health- 7 care provider, the healthcare provider shall inform the patient of the 8 options for treatment, including surgical evacuation, the induction of 9 labor and allowing the patient to spontaneously miscarry. At the 10 request of the patient, and if medically advisable, the healthcare 11 provider shall arrange for the removal of the fetus or embryo and the 12 associated products of conception through surgical evacuation or the 13 commencement of the induction of labor within forty-eight hours of the 14 confirmation of fetal or embryo death. If the healthcare provider is 15 unable to provide such services within forty-eight hours of the confir- 16 mation of fetal or embryo death, the healthcare provider shall refer the 17 patient to another healthcare provider or facility able to provide the 18 services within the forty-eight hour time frame and shall advise the 19 patient of the provider registry established pursuant to subdivision 20 five of section twenty-five hundred of this article. 21 2. If a patient has left the office or facility of the healthcare 22 provider who confirmed the fetal or embryo death prior to being advised 23 of the death, the healthcare provider shall contact the patient within EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16132-06-2S. 9581 2 1 twenty-four hours of confirmation of the fetal or embryo death and noti- 2 fy the patient of the death. 3 3. As used in this section, "healthcare provider" means a practitioner 4 in an individual practice, group practice, partnership, professional 5 corporation or other authorized form of association, a hospital, or a 6 clinic providing reproductive healthcare services. 7 § 3. Section 2500 of the public health law is amended by adding a new 8 subdivision 5 to read as follows: 9 5. The commissioner, in conjunction with the department of education, 10 shall establish a registry of facilities that perform surgical inter- 11 vention procedures following the death of a fetus or embryo in utero and 12 shall make such registry available to the public on the department's 13 website. The registry shall display the name, address and telephone 14 number of each such facility and shall contain a link to the facility's 15 website, if available. 16 § 4. Section 2803-n of the public health law is amended by adding a 17 new subdivision 5 to read as follows: 18 5. The hospital shall have at least one healthcare provider either 19 present in the hospital or on call to provide care to an expectant moth- 20 er who requests surgical evacuation or the induction of labor after her 21 fetus or embryo dies in utero. 22 § 5. The education law is amended by adding a new section 6524-a to 23 read as follows: 24 § 6524-a. Specialist training. Any applicant for a license under this 25 article to practice in the areas of obstetrics, gynecology or general 26 surgery is required to receive or have received training in performing 27 dilation and curettage and dilation and evacuation procedures prior to 28 application for such license. 29 § 6. This act shall take effect on the thirtieth day after it shall 30 have become a law.
