BILL NUMBER: S3173
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the public health law, in relation to reporting pregnan-
cy losses and clarifying which agencies are responsible for such
reports; and providing for the repeal of certain provisions upon expira-
tion thereof
 
PURPOSE:
This bill would reform and reduce pregnancy loss reporting obligations
to protect patient privacy and reduce patient costs.
 
SUMMARY OF PROVISIONS:
Section one renames title five of article 41 "Reporting of Pregnancy
Loss."
Section two amends section 4160 of the public health law to eliminate
reference to fetal death and replace such term with pregnancy loss,
which the bill defines. Reporting requirements for pregnancy loss are
updated to clarify that reporting of pregnancy loss caused by induced
termination of pregnancy does not need to be reported, unless requested
by the patient.
Section three provides that any reporting of pregnancy loss caused by
induced, termination of pregnancy that is requested by the, patient
reporting must be done electronically beginning October 1, 2026.
Section four amends section 4160-a of the public health law to update
references to the New York City Department of Health and Mental Hygiene,
use gender-neutral language and clarify that requests for still birth
certificates can be made electronically.
Section five amends section 4161 of the public health law to provide for
pregnancy loss reporting by a licensed health care practitioner acting
within their scope of practice.
Section six amends section 4163 of the public health law to use the term
pregnancy loss and gender-neutral language.
Section seven amends section 4162 of the public health law to provide
that disposition of products of conception, shall be made at the direc-
tion of the patient.
Section eight provides the effective date.
 
JUSTIFICATION:
New York State's current system for reporting pregnancy loss outside of
New York City is out-of-date and requires individualized, paper report-
ing of all pregnancy loss. This reporting scheme places patient confi-
dentiality at risk and burdens health care providers. Abortion, in
particular it targeted for mandatory state reporting, unlike any other
health care service delivered in New York State. In the current poli-
tical environment, the risk of both civil and criminal liability posed
to patients seeking abortion care and the health care, providers who
deliver this care by hostile actors are significant and are increased by
mandatory reporting.
In addition, the current statute results in providers having to make
paper reports to the Department of Health and the local registrar within
72 hours of a pregnancy loss occurring, which places significant admin-
istrative burden on providers to timely make reports and the Department
of Health to process such reports, and, to a lesser extent, local
governments that also play a role in facilitating reporting.
In order to modernize our laws and protect patients and providers, this
legislation would rename the registration of "fetal death" as pregnancy
loss reporting and clarify that such reporting is not necessary under
New York, State law, unless requested by the patient. This legislation
would align New York with five other states that do not require abortion
reporting, including access states such as California, New Jersey and
Maryland. Public health officials in New York State would still be able
to access information on abortion care through national organizations
that engage in monitoring and produce reliable data on the frequency of
such care, as well information on the coverage of these services.
The legislation would also provide that disposition of any tissue
resulting from a pregnancy loss should be disposed of in accordance with
the patient's wishes and would align state requirements with those of
the City of New York. This end to state-mandated disposition is neces-
sary to honor patient wishes, ensure patient confidentiality and reduce
cost to patients.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL:
None to the state.
 
EFFECTIVE DATE:
Immediately; provided, however, that the amendments to subdivision 2 of
section 4160 of the public health law made by section two expire and are
repealed effective September 30, 2026, when upon section three wilt take
effect.

Statutes affected:
S3173: 4160 public health law, 4160(3) public health law, 4160-a public health law, 4163 public health law, 4162 public health law