Permits the redaction of certain physician's names on birth certificates when such physician's license to practice medicine has been surrendered or revoked by the office of professional medical conduct.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7514
SPONSOR: Simotas TITLE OF BILL: An act to amend the public health law, in relation to
the redaction of certain physician's names on birth certificates
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the public health law by adding a new section 4134-a
providing that when the license of the attending physician listed on a
birth certificate has been surrendered or revoked by the office of
professional medical conduct and upon request by either the person whose
birth the record documents or their legal representative if the person
is over the age of eighteen or the parent or legal representative of the
person whose birth the record documents if they are under the age of
eighteen, the department of health shall issue a certified copy of the
birth record with the physician's identity redacted.
Section 2 provides the effective date.
JUSTIFICATION:
A patient who has been subjected to abuse and harassment from their
physician should not be forced to relive the trauma every time they look
at their child's birth certificate. Marissa Hoechstetter brought this
gross injustice to light in her fight to redact the name of the doctor
who repeatedly sexually assaulted her throughout her pregnancy, delivery
and postpartum care. This legislation will ensure patients throughout
the state who have endured physician misconduct have the ability to
remove the perpetrator's name from their children's birth certificates.
Establishing procedures to issue new birth certificates in these cases
will prevent further pain and distress caused when these documents main-
tain a permanent connection between the patient and their abuser. This
bill is an important step towards recognizing the extensive harms of
sexual abuse in the medical community and supporting survivors and their
families in the healing process.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7514
2019-2020 Regular Sessions
IN ASSEMBLY
May 8, 2019
___________
Introduced by M. of A. SIMOTAS -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to the redaction of
certain physician's names on birth certificates
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 4134-a to read as follows:
3 § 4134-a. Birth certificate; listed physician. 1. When the license to
4 practice medicine of an attending physician listed on a birth record has
5 been surrendered or revoked by the office of professional medical
6 conduct, and upon request by either (i) the person whose birth the
7 record documents, if eighteen years of age or older, or that person's
8 legal representative or (ii) the parent or legal representative of a
9 person under the age of eighteen whose birth the record documents, the
10 department shall issue a certified copy of the birth record with the
11 identity of such physician redacted.
12 2. Such request shall be made in the form or manner to be provided or
13 approved by the department.
14 3. Nothing in this section shall be construed as requiring a court
15 order to authorize the redaction of a physician's name pursuant to this
16 section.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11326-01-9
