New York State Assembly

 
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A07514 Summary:

A07514 Actions:

A07514 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:02/04/2020AYE/NAY:23/0  Action: Favorable         
Gottfried
Aye
Byrne
Aye
Schimminger
Excused
McDonough
Excused
Galef
Aye
Garbarino
Aye
Dinowitz
Aye
Byrnes
Aye
Cahill
Aye
Ashby
Aye
Paulin
Aye
Miller
Aye
Cymbrowitz
Aye
Salka
Aye
Gunther
Aye
Rosenthal
Aye
Hevesi
Excused
Jaffee
Aye
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Aye
Solages
Aye
Bichotte
Aye
Barron
Aye
Sayegh
Aye

A07514 Floor Votes:

A07514 Memo:

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.

A07514 Text:

 
                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