§ 203.03 Reporting Terminations of Pregnancy.
(a) When a spontaneous termination of pregnancy occurs in the City it shall be reported as follows:
(1) If in a hospital or en route thereto, by the person in charge of such hospital or his or her designee; or
(2) If elsewhere than in a hospital or en route thereto, by the licensed health care practitioner in attendance at or after such event or by their designee; or
(3) If a licensed health care practitioner attends at or after the event elsewhere than in a hospital or en route thereto as an associate of a hospital, by the person in charge of the hospital with which the licensed health care practitioner is associated or by the designee of such person in charge; or
(4) If investigated by the office of chief medical examiner, by a medical examiner within that office.
(b) The person required to report a spontaneous termination of pregnancy pursuant to subdivision (a) of this section shall file a certificate of spontaneous termination of pregnancy, including a confidential medical report, for a spontaneous termination of pregnancy; provided that a medical examiner, when required to report pursuant to paragraph (a)(4) of this section, shall file a certificate of spontaneous termination of pregnancy only.
(c) A certificate of spontaneous termination of pregnancy required by this section shall be filed within 24 hours after the event if a disposition permit issued pursuant to Article 205 of this Code is required or requested, and in all other cases a certificate of spontaneous termination of pregnancy shall be filed with any office maintained and designated by the Department for such purposes within five business days, including within five business days after the date the medication for a medication-induced termination of pregnancy was prescribed or ordered.
(d) (1) In circumstances where the issuance of a disposition permit pursuant to 24 RCNY Health Code Article 205 is requested and a person required to report a spontaneous termination of pregnancy pursuant to subdivision (a) of this section has not filed a report thereof electronically, the requirement of filing a certificate and confidential medical report, if any, required by this section may be fulfilled by delivery of the same immediately upon demand and within the time prescribed by subdivision (c) of this section to a funeral director or undertaker authorized to take charge of the conceptus or to the person in charge of the City mortuary if the remains are to be buried in the City cemetery. Such funeral director, undertaker or person in charge of the City mortuary, or an agent of such funeral director or undertaker registered with the Department pursuant to 24 RCNY Health Code Article 205 or a designee of the person in charge of the mortuary, shall then file the certificate within 48 hours following the receipt of the certificate of spontaneous termination of pregnancy.
(2) In all other circumstances where the issuance of a disposition permit pursuant to 24 RCNY Health Code Article 205 is requested for a conceptus, a funeral director or undertaker authorized to take charge of the conceptus, or the person in charge of the City mortuary if the remains are to be buried in the City cemetery, registered with the Department pursuant to 24 RCNY Health Code Article 205 or a designee of the person in charge of the mortuary, must report within 24 hours of the termination of pregnancy to the Department only the information required on the forms prescribed by the Board and furnished by the Department.
(3) Funeral directors, undertakers, City mortuary personnel, and their agents or designees, must not divulge information in the confidential documents related to disposition of a conceptus except to authorized personnel of the Department.
(e) All spontaneous terminations of pregnancy occurring at or en route to hospitals or other facilities that report births electronically to the Department pursuant to 24 RCNY Health Code Article 201 and all spontaneous terminations of pregnancy reported by the office of chief medical examiner, shall be reported to the Department electronically by means of computer programs specified and provided or otherwise authorized for use by the Department. In circumstances where the issuance of a disposition permit pursuant to 24 RCNY Health Code Article 205 is requested, and a person required to report a spontaneous termination of pregnancy pursuant to subdivision (a) of this section files a report thereof electronically, a funeral director or undertaker authorized to take charge of the remains, or the person in charge of the City mortuary when said mortuary files an application for a disposition permit, shall also file, within 72 hours following the termination of pregnancy, the application for such a permit electronically by means of computer programs specified and provided or otherwise authorized for use by the Department. All hospitals or other facilities that are not required to report spontaneous terminations of pregnancy electronically pursuant to this subdivision may, at their election and upon approval by the Department, implement an electronic reporting system, or continue to report spontaneous terminations of pregnancy on approved paper forms. However, once a hospital or facility has commenced reporting electronically, such hospital or facility may not report on paper forms unless otherwise authorized by the Department.
(f) All facilities required or electing to report electronically pursuant to subdivision (e) of this section shall apply to the Department prior to implementing any electronic reporting system and, upon approval by the Department, shall make electronic reports only in such manner and on computer programs prescribed and provided by or otherwise authorized by the Department. Written paper reports may be submitted for a limited period of time only in the case of extenuating circumstances, temporary equipment failure, or prolonged inability to access the electronic reporting system, and only with the specific approval of the Department. In addition, the Department may, on its own initiative, allow written, paper reports to be submitted if electronic reporting is not possible in a particular circumstance, as a result of a deficiency in the Department's electronic reporting system. The Department may, in addition, require summary, cumulative or periodic reports on such reporting schedule as it may deem necessary.
(g) The person required to report a spontaneous termination of pregnancy or to file an application for a disposition permit shall provide to the Department information that was required to be reported, but that was not so reported, within five business days of that person receiving the information.
(h) Upon a request by the Department for additional information that may be necessary to complete, clarify or verify the information required to be reported, the person required to report a spontaneous termination of pregnancy or to file an application for a disposition permit shall provide such information to the Department within five business days of the request.
(Amended City Record 12/29/2023, eff. 1/28/2024; amended City Record 10/8/2024, eff. 11/7/2024; amended City Record 5/27/2026, eff. 6/26/2026)
