‘Mickie’s Law’ Requires Fetal Demise Protocols From Hospitals

On October 25, 2023, Gov. Kathy Hochul signed Bill S.4981-B-Brouk/A.1297-B-Bichotte Hermelyn into law.

This legislation, known as Mickie’s Law, requires hospitals to create protocols on how to treat fetal demise. Under Mickie’s Law, hospitals must ascertain whether a pregnant patient is facing a medical emergency due to a fetal demise. If she is, that hospital must either admit the patient or provide her with emergency room services involving “close observation, continuous monitoring and stabilizing treatment” until it is safe for her to be transferred to another facility or discharged.

Jonah’s Law, a similar law pertaining to the hospital treatment of pregnant moms experiencing preterm labor, was enacted in 2020.

It is normal for an unborn baby who has died in the womb to remain in the womb for a period of time. However, if a deceased unborn baby remains in the womb for too long, the baby’s mother may experience medical complications. Mickie’s Law will help ensure that women whose unborn babies have died receive the medical care that they need and are not turned away from hospitals.

New Yorkers for Constitutional Freedoms appreciates efforts to provide appropriate, life-affirming care for mothers and fathers who experience fetal demise or stillbirth.

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