• This bill was first introduced into NYS Government in 2003.  Since that time nearly 10,000 families have been devastated by the tragedy of stillbirth.
  
  
  
• New York has more than 2000 stillbirths each year which is second only to California. That is ten times the number of SIDS deaths and comparable to the number of AIDS related deaths each year.
  
  
• In NYS nearly 1 in 100 births results in a stillbirth.
  
  
• In the US there are more than 30,000 stillbirths each year.  60% of those cases occur with no explainable cause.  If those numbers were added into the fetal death statistics, by those standards, The US would be considered a Third World Country.
  
  
• Prior to 1942 when the Model State Vital Statistics Act was adopted, both birth and death certificates were issued for a fetal death.  That practice was discontinued due to a need for simplified reporting NOT because NYS no longer recognized stillbirth as a birth. “In the majority of States a stillbirth was required to be reported as both a birth and a death. The increasing demand for a standard certificate which would simplify reporting and supply more information on the cause of stillbirths has been the principal reason for the preparation of the recommended form.” (Standard Certificate of Stillbirth)
  
  
• A8960 does not change existing NYS Public Health Law, which already recognizes a fetal death as both a birth and a death (NYS Public Health Law Section 4160 Sub-division3); it simply gives official recognition of the childbirth that parents who face this tragedy have endured.
  
  
• There is no possibility of confusing the definition of stillbirth under this bill.  It uses the standard medical definition of a stillbirth; “unintended intrauterine death of a fetus that occurs after the clinical estimate of the twentieth week of gestation.”
  
  
• Unborn Victims of Violence Act of 2004 provides legal rights for an unborn fetus post 20 weeks gestation without infringing upon abortion laws.  This should ease any fear that A8960 will infringe on abortion laws.
  
  
• NYS is second only to California in number of stillbirths per year.  California recently passed this law. In an Assembly Fiscal Report regarding the fiscal implication on the state due to the certificate of birth resulting on stillbirth, it was found that “According to the Senate Appropriations Committee, minor and absorbable costs to the state registrar and minor costs to the local registrars which will be offset by fees. The cost of the certificates is estimated to be $20”.
  
  
• We almost always use the word “birth” in the context of a baby being born-a “live birth.”  But we have the terms “live birth” and “stillbirth” because both events are a kind of “birth”.
  
  
• As a result of our lobbying efforts and introducing legislators to A8960, we have 85 confirmed “yes” votes in the Assembly.  That is much more than is needed to ensure a majority vote.  Once we can get the bill moved out of the Ways and Means Committee, we will have passage in both houses.  The Senate has already passed it with a vote of 58 to 1.
  
  
• "Stillbirth has been an extremely under-researched area.  There is a huge gap in information." A study on the reporting and collection of stillbirth information is being conducted. The goal of the research is to prove that standardization of reporting will show stillbirth rates are higher than previously reported and that standardized postmortem, maternal and placental examination protocols will improve diagnoses of stillbirth causes and identify possible risk factors for stillbirth. But without current research to recommend changes in hospital or diagnostic protocols, parents are still left facing the death of their unborn child without a reason.  - Dr. Uma Reddy, an OB/GYN with the National Institutes of Health.
  
  
• NYS Public Health Law section 4162 requires the burial/cremation of the fetus.  How can you recognize death without birth?
  
  
• Our bill has been held up in the Ways and Means Committee for each of the past two sessions.  This is not logical as the small absorbable costs will be offset by the fee attached to filing for the certificate.
  
  
• A8960 has been approved overwhelmingly by the Assembly Health Committee each of the last two sessions.  The Health Committee has regular dealings with our major opposition groups and feels as though their concerns have been alleviated.
  
  
• In the seven years since the bill passed in its first state, Arizona, 22 other states have passed it as well.  In that time there have been absolutely no repercussions in regards to any of the concerns raised by the existence of A8960.
  
  
• The Department of Health has a concern about how they would deal with the retroactive portion of the bill.  This concern is easily remedied by research into how it is handled in any other state that has passed the bill.  If possible, a volunteer task force could be put in place and require extra time to complete the research.

The language of the bill has been re-written to alleviate the concerns raised by its original form.

• What originally was described as a “naturally occurring intrauterine death” was changed to “unintended” to alleviate concerns over terminations of pregnancy.
  
  
• A8960 explains that the certificate of birth resulting in stillbirth is an optional document that will not be used for statistical purposes.
  
  
• The bill states; “A certificate issued pursuant to this section shall not constitute proof of a live birth. Furthermore, such certificate shall not be used to calculate live birth statistics.”  In addition, the words “This certificate is not proof of live birth” will appear on each certificate.
  
  
• Language of A8960 is completely medically accurate.  Any reference of “child” or “baby” has been changed to “fetus”.

As one of the most politically influential state governmental systems, New York should be a leader in the fight to recognize those who have endured the physical and emotional pain of the birth process without the joy of being able to take their babies home. 

Lead contacts - Jeff and Lori Tieger              Michelle Mosca                       Paige Ricci
                           718-698-1055                     518-654-2411                      518-885-6614
                          jtieger@si.rr.com                mgmosca@msn.com             pmciufo@aol.com

For more information visit www.missinganglesbill.org