New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A01297 Summary:

A01297 Actions:

A01297 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/07/2023AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Absent
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/08/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Excused
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A01297 Floor Votes:

A01297 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1297B
 
SPONSOR: Bichotte Hermelyn

 
TITLE OF BILL:
 
An act to amend the public health law, in relation to requiring hospi-
tals to adopt, implement and periodically update standard protocols for
the management of fetal demise
 
 
PURPOSE:
 
The purpose of this bill is to ensure pregnant people who encounter
fetal deaths get the treatment they need, especially in the event of an
emergency.
 
 
SUMMARY OF PROVISIONS:
 
Section 1. This act shall be known and may be cited as "Mickie's law".

Section 2. Amended by adding a new section 2803-o-1 to require protocols
for fetal demise implement and periodically update standard protocols
for the management of fetal demise. Such protocols shall include inform-
ing the patient of treatment options including but be not limited to:
(a) spontaneous miscarriage; (b) surgical evacuation; and (c) the
induction of labor within a reasonable time in an emergency. Hospitals
are to admit patients or transfer to a unit or other hospital for treat-
ment
 
Section 3. Sets forth the effective date.
 
 
JUSTIFICATION:
 
This bill has been named Mickie's Law in honor of the fetus loss of
parents who experienced challenges with medical support while visiting a
private out-of-state hospital for their routine.check-up and were
informed of their fetus passing. The parents were told that a D&E proce-
dure was needed to remove the dead fetus. Due to religious beliefs of
the private hospital, the healthcare provider informed them that they
needed to visit a public hospital to have the procedure done. While
carrying the dead fetus, the parents searched for a hospital in New York
to quickly remove the fetus before approaching a window of time where
the decomposing fetus would create toxic medical condition for the
expecting mother. Many of the public hospitals they spoke with indicated
that they had a scheduling conflict and were unable to perform the
procedure until the next 2 - 3 weeks. Although 2 weeks is within the
time frame a mother can carry a dead fetus before it begins to decom-
pose, it can be traumatic for the parents to know that their baby has
died and is decaying in the womb. This type of mental destress can
become debilitating to the expecting mother which can cause additional
health challenges.  Fortunately, the parents were able to find a hospi
tal that preformed the D&E procedure within 3 days after learning of
his-passing.

Many parents are not as fortunate in finding a facility or provider to
perform such procedure in a timely manner. Challenges such as this have
been known to be a contributing factor to maternal mortality. In the
United States, the alarming rate of maternal mortality continues to
increase; in 2020 23.8 deaths per 100,000 according to the National
Vital Statistics System. Even more alarming is the rate of maternal
mortality for Black women, who are three times more likely than White
women to die from a pregnancy-related cause. According to the CDC, each
year in the United States, about 700 expectant mothers die during preg-
nancy or in the year after. Fetal mortality has slowly decreased since
2019; however, according to a CDC study, Black women are. still the
highest group to experience fetal death at 10.41 per 1,000 live births
and fetal deaths. Though the rate of Black women encountering these
experiences have decreased from 2018 to 2019, rates are still higher
among mother 40 to 44 years of age (9.06) and 45 years of age. and older
(9.79), and lowest among mothers 30 to'34 years old (5.09)which was
reported by U.S News in 2021. According to the American Medical Associ-
ation Patient Rights Code of Medical Ethics Opinion 1.1.3, patie nts
have the right to make decisions about the care the physician recommends
and to have those decisions respected. Patients also have the right to
receive information from their physicians and to have opportunity to
discuss the benefits, risks, and costs of appropriate treatment alterna-
tives, including the risks, benefits and costs of forgoing treatment. It
also states that patients should be able to expect that their physicians
will provide guidance about what they consider the optimal course of
action for the patient based on the physician's objective professional
judgment.
 
There are procedures that can remove a dead fetus. The first is a Dila-
tion and evacuation (D&E) which dilates the cervix and then evacuates
the fetus and the placenta from the uterus. The second is a Dilation and
curettage (D&C) which removes the tissue from inside of the uterus to
diagnose and treat certain uterine conditions - such as heavy bleeding -
or to clear the-uterine lining after a miscarriage or abortion. Both
procedures are similar to that of an elective abortion. However, the
purpose is critically different. In 1973, the U.S. Supreme Court ruled
that the Constitution of the United States granted the right to have an
abortion. In 1992, the Supreme Court of the United States upheld the
right to have an abortion as established by the Roe v. Wade case in 1973
during the landmark case Planned Parenthood v. Casey, 505 U.S.833.
 
After the Supreme Court's decision to overturn Roe v. Wade in 2022, it
has left many providers with questions. This is because any remains of a
fetus dead or viable is considered an abortion; however, woman should
have the right to get the fetus removed. In the situation with a Texas
woman, she experienced a miscarriage and was denied medical intervention
due to a Texas anti-abortion law. In this case, the fetus already died
in the womb thus, the procedure would not take a life away, instead
prevent possible health risks to the expectant mother. Although we talk
about abortions', we don't address dead fetus needing to be aborted.
 
 
LEGISLATIVE HISTORY:
 
2021-22: A10659; referred to health
 
 
BUDGET IMPLICATIONS:
 
To be determined.
 
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

A01297 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1297--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by M. of A. BICHOTTE HERMELYN, SIMON, GONZALEZ-ROJAS, REYES,
          COLTON, WALKER, GIBBS, KELLES, FORREST -- Multi-Sponsored by -- M.  of
          A.   LEVENBERG -- read once and referred to the Committee on Health --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee -- reference changed to the Committee on
          Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law, in relation to  requiring  hospi-
          tals  to  adopt,  implement and periodically update standard protocols
          for the management of fetal demise
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as "Mickie's law".
     2    § 2. The public health law is amended by adding a new section 2803-o-1
     3  to read as follows:
     4    §  2803-o-1.  Required  protocols  for  fetal  demise. Hospitals shall
     5  adopt, implement and periodically  update  standard  protocols  for  the
     6  management of fetal demise. Such protocols shall require the hospital to
     7  determine whether a pregnant person is experiencing an emergency medical
     8  condition in relation to fetal demise, and upon making a diagnosis of an
     9  emergency  medical  condition, admit the pregnant person to the hospital
    10  or treat them in the emergency room for  close  observation,  continuous
    11  monitoring  and  stabilizing treatment until it is deemed medically safe
    12  for discharge or transfer to another medical facility or unit, if neces-
    13  sary, in accordance with the federal  Emergency  Medical  Treatment  and
    14  Labor Act (EMTALA).
    15    §  3.  This  act shall take effect on the thirtieth day after it shall
    16  have become a law.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01143-08-3

A01297 LFIN:

 
NO LFIN

A01297 Chamber Video/Transcript: