Section 17-185*2. Electronic death registration system  


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  • a. Definition. For
      the purposes of this section, the term "responsible person"  shall  mean
      any  individual,  governmental  body  or  division  thereof or corporate
      entity  authorized  by  the  department  to  use  the  electronic  death
      registration system.
        b.  Development  of  an  electronic  death  registration  system.  The
      department shall, subject to  the  approval  of  the  board  of  health,
      develop  an  electronic death registration system. Such electronic death
      registration system shall include an internet based electronic method of
      collecting,   storing,    recording,    transmitting,    amending    and
      authenticating  information  necessary to complete a death registration.
      Such system shall enable  the  department  to  produce  certified  death
      certificates   and  amended  death  certificates,  as  well  as  burial,
      transportation, cremation and disinterment permits, and any  such  other
      related  documents  determined  by  the  department  as capable of being
      produced and transmitted by such system. Such  system  shall,  with  the
      exception   of   certified   death   certificates   and   amended  death
      certificates, be able to transmit information and  documents  to  remote
      local   printers  or  facsimile  machines  of  responsible  persons  for
      printing. Such system shall include  an  electronic  payment  system  by
      which  all  fees,  including, but not limited to, those relating to data
      recordation and the issuance of permits and certified  copies  of  death
      certificates, may be transmitted to the department. The department shall
      ensure that the electronic death registration system be designed in such
      a  way so as to best facilitate convenient access by responsible persons
      in a manner consistent with ensuring system security.
        c. Implementation. (i) By October 1, 2006, the department shall ensure
      that at least sixty percent of all deaths occurring within the  city  of
      New  York  are  registered via the electronic death registration system.
      (ii) By October 1, 2008, the department shall ensure that the electronic
      death registration system is accessible to all responsible  persons  who
      seek  to use such system for the registration of deaths occurring within
      the city of New York and that  at  least  seventy-five  percent  of  all
      deaths  occurring  within  the  city of New York are registered via such
      system.
        d. Emergency events; exceptions. In the event of an emergency declared
      by the commissioner or the mayor, or exigent circumstances  declared  by
      the  commissioner or chief medical examiner on a case-by-case basis, the
      electronic death registration system shall not be required as the  means
      for the registration of deaths.
        e.  Training  and  certification.  By  October 1, 2004, the department
      shall develop a training curriculum and  implement  a  training  program
      based  on  such  curriculum  to  train all responsible persons and their
      designees pursuant to subdivision f of this section in the operation and
      use of the electronic death registration system.  The  department  shall
      ensure  that such training program be offered at least four times a year
      at various locations  throughout  the  city  of  New  York  at  a  price
      reasonably related to the cost of providing such training. Such programs
      may be operated by the department or by a private entity, including, but
      not  limited  to,  health  care  facilities  and  relevant  professional
      associations  and  societies,  pursuant  to  an   agreement   with   the
      department.   At  the  successful  completion  of  such  training,  such
      responsible persons and their designees shall  receive  a  certification
      from  the  department  indicating  that  such  training was successfully
      completed.
        f. Access.  (i)  A  responsible  person  may  designate  one  or  more
      employees  of  such  responsible  person  to  input information into the
      electronic death registration  system  under  the  supervision  of  such
    
      responsible  person,  but  who  are  not authorized to authenticate such
      information.  (ii) By November 1, 2004, the department shall provide  at
      least  two  computer  workstations  at  all burial desks operated by the
      office  of  vital statistics for the use of responsible persons to input
      information into the electronic death registration system.
        g.  Violations.  Any  responsible  person  who  violates   any   rules
      promulgated pursuant to this section shall be liable to pay a penalty as
      provided  by the health code of the city of New York, the administrative
      code of the city of New York  or  any  other  applicable  law,  rule  or
      regulation.
        h.  Advisory panel. Not later than sixty days after the effective date
      of the local law that added this section,  there  shall  be  established
      within  the  department  an advisory panel to advise the commissioner on
      issues relating to the design, implementation  and  maintenance  of  the
      electronic  death registration system. Such advisory panel shall consist
      of the commissioner or his or her designee, the chief  medical  examiner
      or  his  or  her designee and at least eight additional members, four of
      whom shall be appointed by the mayor and four of whom shall be appointed
      by the speaker  of  the  city  council.  With  respect  to  the  mayor's
      appointments,  one  shall  represent  the interests of private hospitals
      operating within the city, one shall represent the interests  of  public
      hospitals  operating  within  the  city  and  two  shall  represent  the
      interests of funeral directors operating within the city.  With  respect
      to  the  appointments  by  the  speaker  of  the city council, one shall
      represent the interests of private hospitals operating within the  city,
      one  shall  represent the interests of public hospitals operating within
      the city and two shall represent  the  interests  of  funeral  directors
      operating within the city. All members of the advisory panel shall serve
      without  compensation.  The  commissioner  or  his or her designee shall
      serve as the chair of such advisory panel. The advisory panel  shall  be
      convened at least four times each year and shall be disbanded on October
      1, 2009.
        i.  Report.  Not later than six months after the effective date of the
      local law that added this section, and every six months thereafter,  the
      department  shall submit a report to the mayor and the council reviewing
      the development and implementation of the electronic death  registration
      system.
        j.  Rules.  By November 1, 2004, the department shall promulgate rules
      in accordance with  this  section,  and  such  other  rules  as  may  be
      necessary   for  the  purpose  of  implementing  and  carrying  out  the
      provisions of this section. Such rules shall include a schedule of  fees
      relating  to  the  issuance  of permits and certified death certificates
      that are reasonably related to the cost of operating and maintaining the
      electronic death registration system.
        * NB There are 2 § 17-185's