BILL NUMBER: S5222
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to certification of
fetal death certificates by a midwife or physician assistant
 
PURPOSE OR GENERAL IDEA OF BILL:
Permits midwives and physician assistants in attendance at or after a
fetal death to certify the birth and cause of death on the fetal death
certificate.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 4161 of the Public Health Law, as it relates to
fetal death certificates, forms, and content, to add midwives and physi-
cian assistants to the statute governing which healthcare practitioners
may certify a fetal death on a fetal death certificate.
Section 2 provides an effective date.
 
JUSTIFICATION:
Under current state law, physicians and nurse practitioners in attend-
ance at a fetal death can certify the birth and cause of death on a
fetal death certificate and categorize fetal deaths attended by midwives
as "death without medical attendance." Midwives already certify the
birth of newborns and this bill would allow midwives to certify the
death.
Midwives who work in labor and delivery are also there to console griev-
ing parents and families if a fetal death occurs, so being unable to
certify death creates delays that prolong the immediate and unimaginable
grief stage. Prolonging such a traumatic experience at this delicate
time adversely affects maternal mental health. Families are unable to
make arrangements for burial and must wait until a doctor shows up to
sign. Sometimes this can take days and becomes particularly stressful
for the family. This bill would allow midwives and physician assistants
to certify death on a fetal death certificate to expedite patient care.
 
PRIOR LEGISLATIVE HISTORY:
2022: S8466 Rivera/A9093 Gottfried
2023-2024: S3451 Rivera/A7390 Gonzalez-Rojas
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Effective immediately.