BILL NUMBER: S90
SPONSOR: TEDISCO
 
TITLE OF BILL:
An act to amend the public health law, in relation to the disposition of
fetal remains
 
PURPOSE:
To allow the mother who has suffered a spontaneous miscarriage of her
pregnancy to a) be notified of her right to access the fetal death
report, and b) obtain a burial permit in order to facilitate a proper
burial, cremation or other dignified disposition of fetal remains.
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 4160 of the public health law regarding regis-
tration of fetal deaths to ensure that a physician or hospital represen-
tative informs the mother who has miscarried of her right to access the
report of fetal death and to direct proper burial and disposition of
remains. It further directs the state health commissioner with estab-
lishing regulations and allows the department to conduct education
programs about the law.
Section 2 also amends Section 4160 of the public health law, section
4162 to make clear that fetal remains resulting from a spontaneous fetal
death shall be released to the mother upon her request, and that the
mother or funeral director may access the fetal death report in order to
obtain the permit for removal, transportation and burial or other proper
disposition.
Section 3 amends this law to restate, under the duty of burial for human
cadavers, that fetal remains resulting from a spontaneous fetal death
must be released to the mother upon her request, and that all costs
associated with the burial, entombment or cremation of fetal remains
shall be borne by the mother.
Section 4 amends this law to ensure that burial, entombment or cremation
of fetal remains from a spontaneous fetal death, at the request of the
mother, is a legal option for treatment and disposal of regulated
medical waste.
 
JUSTIFICATION:
Under current New York State Public Health Law, a burial permit and
proper disposition is only required for the remains of fetal deaths
occurring at 20 weeks gestation or greater. The law is silent on the
remains of fetal deaths occurring under 20 weeks' gestation. When a
fetal death occurs under 20 weeks' gestation as a result of an induced
abortion, the remains are usually incinerated or transported and
disposed of as regulated medical waste. But when a fetal death occurs
under 20 weeks' gestation as a result of a spontaneous miscarriage of
pregnancy, the mother has no affirmative statutory right to be informed
of her right to properly dispose of her baby's remains. This denies
parents the ability to grieve for their lost loved one and to provide a
dignified and respectful burial, entombment or cremation of their
child's remains if this is what they choose. This legislation would give
families this statutory right.
 
PRIOR LEGISLATIVE HISTORY:
03/05/18:S.7863 REFERRED TO HEALTH
01/11/19:S.1156 REFERRED TO HEALTH
01/08/20:S.1156 REFERRED TO HEALTH
01/12/21:S.1517 REFERRED TO HEALTH
01/05/22:S.1517 REFERRED TO HEALTH
 
FISCAL IMPLICATIONS:
None to the state. Financial burden would fall to the mother who chooses
to properly dispose of her baby's remains.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S90: 4162 public health law, 4200 public health law