Senate
File
577
-
Enrolled
Senate
File
577
AN
ACT
RELATING
TO
A
CERTIFICATE
OF
NONVIABLE
BIRTH.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
144.31B
Certificate
of
nonviable
birth.
1.
As
used
in
this
section:
a.
“Certificate
of
nonviable
birth”
means
a
document
issued
based
upon
a
nonviable
birth.
b.
“Health
care
provider”
means
the
same
as
defined
in
section
144.29A.
c.
“Hospital”
means
the
same
as
defined
in
section
135B.1.
d.
“Nonviable
birth”
means
an
unintentional,
spontaneous
fetal
demise
occurring
after
demonstration
of
a
doppler-detected
heartbeat
and
prior
to
the
twentieth
week
of
gestation
during
a
pregnancy
that
has
been
verified
by
a
health
care
provider.
2.
A
health
care
provider
who
attends
or
diagnoses
a
nonviable
birth
or
a
hospital
at
which
a
nonviable
birth
occurs
shall
advise
a
patient
who
experiences
a
nonviable
birth
that
Senate
File
577,
p.
2
the
patient
may
request
a
certificate
of
nonviable
birth
as
provided
in
this
section
and,
upon
request
by
the
patient,
shall
provide
a
letter
certifying
the
nonviable
birth
to
the
patient.
3.
The
department
may
prescribe
by
rules
adopted
pursuant
to
chapter
17A
the
form
and
content
of
a
request
and
the
process
for
requesting
a
certificate
of
nonviable
birth.
4.
The
department
shall
issue
a
certificate
of
nonviable
birth
to
a
patient
within
sixty
days
of
receipt
of
a
request
and
certification
letter.
5.
a.
The
department
shall
prescribe
by
rules
adopted
pursuant
to
chapter
17A
the
form
and
content
of
and
the
fee
for
the
preparation
of
a
certificate
of
nonviable
birth,
which
fee
shall
not
exceed
the
actual
cost
of
preparation
of
the
certificate.
b.
At
a
minimum,
the
rules
shall
require
that
the
certificate
of
nonviable
birth
contain
all
of
the
following:
(1)
The
date
of
the
nonviable
birth.
(2)
The
name
and
gender,
if
known.
If
the
name
is
not
furnished
by
the
patient,
the
department
shall
complete
the
certificate
with
the
name
“baby
boy”
or
“baby
girl”
and
the
last
name
of
the
patient.
If
the
gender
is
unknown,
the
department
shall
complete
the
certificate
with
the
name
“baby”
and
the
last
name
of
the
patient.
(3)
The
statement:
“This
certificate
is
not
proof
of
live
birth.”
6.
The
fees
collected
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
the
general
fund
of
the
state
and
the
vital
records
fund
in
accordance
with
section
144.46.
7.
A
certificate
of
nonviable
birth
shall
not
be
required
to
be
filed
or
registered.
The
department
shall
not
register
the
nonviable
birth
associated
with
a
certificate
issued
under
this
section
or
use
the
nonviable
birth
in
calculating
live
birth
statistics.
8.
A
certificate
of
nonviable
birth
shall
not
be
used
to
establish,
bring,
or
support
a
civil
cause
of
action
seeking
damages
against
any
person
for
bodily
injury,
personal
injury,
or
wrongful
death
for
a
nonviable
birth.
Senate
File
577,
p.
3
9.
This
section
shall
only
apply
to,
and
a
certificate
of
nonviable
birth
may
be
requested
and
issued
only
for,
nonviable
births
occurring
on
or
after
January
1,
2000.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
577,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor