Section 4161. Fetal death certificates; form and content; physicians, midwives and hospital administrators  


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  • 1. The certificate of fetal  death
      and  the  report of fetal death shall contain such information and be in
      such  form  as  the  commissioner  may  prescribe,  except  that  unless
      requested  by  the woman neither the certificate nor the report of fetal
      death shall contain the name of the woman, her social security number or
      any other information which would permit her to be identified except  as
      provided  in this subdivision. The report shall state that a certificate
      of fetal death was filed with the commissioner  and  the  date  of  such
      filing. The commissioner shall develop a unique, confidential identifier
      to  be  used  on the certificate of fetal death to be used in connection
      with the exercise of the commissioner's authority to monitor the quality
      of care provided by any individual or  entity  licensed  to  perform  an
      abortion in this state and to permit coordination of data concerning the
      medical  history  of  the  woman for purposes of conducting surveillance
      scientific studies and research pursuant to the provisions of  paragraph
      (j) of subdivision one of section two hundred six of this chapter.
        2.  In  each  case where a physician was in attendance at, or after, a
      fetal death it shall be the duty of such physician  to  certify  to  the
      birth and to the cause of death on the fetal death certificate.  Where a
      nurse-midwife was in attendance at a fetal death it shall be the duty of
      such  nurse-midwife to certify to the birth but she shall not certify to
      the cause of death on the fetal death certificate.
        3. Fetal deaths occurring without the attendance  of  a  physician  as
      defined  in  subdivision  two of this section shall be treated as deaths
      without medical attendance, as provided in this article.
        4. When a fetal death occurs in a  hospital,  except  in  those  cases
      where  certificates  are  issued  by  coroners or medical examiners, the
      person in charge of such hopistal or his designated representative shall
      promptly present the certificate to the physician  in  attendance  or  a
      physician  acting  in his behalf who shall promptly certify to the facts
      of birth and of fetal death, provide the medical information required by
      the certificate, sign the medical certificate of  birth  and  death  and
      thereupon   return   such  certificate  to  such  person,  so  that  the
      seventy-two hour registration time  limit  prescribed  in  section  four
      thousand one hundred sixty of this chapter can be met.