N.Y. Pub. Health Law § 4161
Pregnancy loss certificates; form and content; health care professionals and hospital administrators
Redline — January 1, 2015 → current.View current text →
Current — June 29, 2026
As of January 1, 2015
§ 4161. Fetal death certificates; form and content; physicians, nurse\npractitioners, midwives, and hospital administrators.\n 1. The certificate of fetal death and the report of fetal death shall\ncontain such information and be in such form as the commissioner may\nprescribe; provided however that commencing on or after the\nimplementation date under section forty-one hundred forty-eight of this\narticle, information and signatures required by this subdivision shall\nbe obtained and made in accordance with section forty-one hundred\nforty-eight of this article, except that unless requested by the woman\nneither the certificate nor the report of fetal death shall contain the\nname of the woman, her social security number or any other information\nwhich would permit her to be identified except as provided in this\nsubdivision. The report shall state that a certificate of fetal death\nwas filed with the commissioner and the date of such filing. The\ncommissioner shall develop a unique, confidential identifier to be used\non the certificate of fetal death to be used in connection with the\nexercise of the commissioner's authority to monitor the quality of care\nprovided by any individual or entity licensed to perform an abortion in\nthis state and to permit coordination of data concerning the medical\nhistory of the woman for purposes of conducting surveillance scientific\nstudies and research pursuant to the provisions of paragraph (j) of\nsubdivision one of section two hundred six of this chapter.\n 2. In each case where a physician or nurse practitioner was in\nattendance at or after a fetal death, it is the duty of such physician\nor nurse practitioner to certify to the birth and to the cause of death\non the fetal death certificate. Where a nurse-midwife was in attendance\nat a fetal death it is the duty of such nurse-midwife to certify to the\nbirth but, he or she shall not certify to the cause of death on the\nfetal death certificate.\n 3. Fetal deaths occurring without the attendance of a physician or\nnurse practitioner as provided in subdivision two of this section shall\nbe treated as deaths without medical attendance, as provided in this\narticle.\n 4. When a fetal death occurs in a hospital, except in those cases\nwhere certificates are issued by coroners or medical examiners, the\nperson in charge of such hospital or his or her designated\nrepresentative shall promptly present the certificate to the physician\nor nurse practitioner in attendance, or a physician or nurse\npractitioner acting in his or her behalf, who shall promptly certify to\nthe facts of birth and of fetal death, provide the medical information\nrequired by the certificate, sign the medical certificate of birth and\ndeath, and thereupon return such certificate to such person, so that the\nseventy-two hour registration time limit prescribed in section four\nthousand one hundred sixty of this title can be met; provided, however\nthat commencing on or after the implementation date under section\nforty-one hundred forty-eight of this article, information and\nsignatures required by this subdivision shall be obtained and made in\naccordance with section forty-one hundred forty-eight of this article.\n
§ 4161. Pregnancy loss certificates; form and content; health care\nprofessionals and hospital administrators. 1. The certificate of\npregnancy loss and the report of pregnancy loss shall contain such\ninformation and be in such form as the commissioner may prescribe;\nprovided however that commencing on or after the implementation date\nunder section forty-one hundred forty-eight of this article, information\nand signatures required by this subdivision shall be obtained and made\nin accordance with section forty-one hundred forty-eight of this\narticle, except that unless requested by the individual who experienced\nthe pregnancy loss neither the certificate nor the report of pregnancy\nloss shall contain the name of the individual, such individual's social\nsecurity number or any other information, alone or in combination, which\nwould permit such individual to be identified except as provided in this\nsubdivision. The report shall state that a certificate of pregnancy loss\nwas filed with the commissioner and the date of such filing.\n 2. In each case where a health care provider licensed pursuant to\ntitle eight of the education law and acting within the scope of such\nhealth care provider's practice was in attendance at or after a\npregnancy loss, it is the duty of such health care provider to certify\nthe pregnancy loss certificate.\n 3. Where a pregnancy loss occurs without the attendance of a health\ncare provider as provided in subdivision two of this section and the\nindividual experiencing the pregnancy loss seeks disposition of the\nproducts of conception in accordance with section forty-one hundred\nsixty-two of this title, such individual may present themselves to the\ncoroner or medical director of the county, or if there be more than one,\nto a coroner having jurisdiction, or to the medical examiner to certify\nthe pregnancy loss certificate. Provided, however, nothing in this\nsection shall provide the coroner, medical director, or medical examiner\nwith the authority to investigate an individual who experienced a\npregnancy loss.\n 4. When a pregnancy loss occurs in a hospital, except in those cases\nwhere certificates are issued by coroners or medical examiners, the\nperson in charge of such hospital or such person's designated\nrepresentative shall ensure that the certificate is promptly prepared in\naccordance with the provisions of this article and regulations as\npromulgated by the commissioner.\n 5. A local registrar shall not charge a fee for the issuance of a\ncertificate of pregnancy loss under this article.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.