N.Y. Public Health Law § 4161: Pregnancy loss certificates; form and content; health care professionals and hospital administrators

§ 4161. Pregnancy loss certificates; form and content; health care

professionals and hospital administrators. 1. The certificate of

pregnancy loss and the report of pregnancy loss shall contain such

information and be in such form as the commissioner may prescribe;

provided however that commencing on or after the implementation date

under section forty-one hundred forty-eight of this article, information

and signatures required by this subdivision shall be obtained and made

in accordance with section forty-one hundred forty-eight of this

article, except that unless requested by the individual who experienced

the pregnancy loss neither the certificate nor the report of pregnancy

loss shall contain the name of the individual, such individual's social

security number or any other information, alone or in combination, which

would permit such individual to be identified except as provided in this

subdivision. The report shall state that a certificate of pregnancy loss

was filed with the commissioner and the date of such filing.

2. In each case where a health care provider licensed pursuant to

title eight of the education law and acting within the scope of such

health care provider's practice was in attendance at or after a

pregnancy loss, it is the duty of such health care provider to certify

the pregnancy loss certificate.

3. Where a pregnancy loss occurs without the attendance of a health

care provider as provided in subdivision two of this section and the

individual experiencing the pregnancy loss seeks disposition of the

products of conception in accordance with section forty-one hundred

sixty-two of this title, such individual may present themselves to the

coroner or medical director of the county, or if there be more than one,

to a coroner having jurisdiction, or to the medical examiner to certify

the pregnancy loss certificate. Provided, however, nothing in this

section shall provide the coroner, medical director, or medical examiner

with the authority to investigate an individual who experienced a

pregnancy loss.

4. When a pregnancy loss occurs in a hospital, except in those cases

where certificates are issued by coroners or medical examiners, the

person in charge of such hospital or such person's designated

representative shall ensure that the certificate is promptly prepared in

accordance with the provisions of this article and regulations as

promulgated by the commissioner.

5. A local registrar shall not charge a fee for the issuance of a

certificate of pregnancy loss under this article.