Senate File 2176 - Introduced SENATE FILE 2176 BY BOETTGER , ZAUN , BEHN , McKINLEY , SEYMOUR , WHITVER , HAMERLINCK , JOHNSON , GREINER , KAPUCIAN , WARD , CHELGREN , HAHN , ERNST , ANDERSON , HOUSER , FEENSTRA , and SMITH A BILL FOR An Act providing for the issuance of a certificate of birth 1 resulting in stillbirth, providing for a fee, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5135XS (2) 84 pf/nh

S.F. 2176 Section 1. NEW SECTION . 144.31A Certificate of birth 1 resulting in stillbirth. 2 1. As used in this section: 3 a. “Certificate of birth resulting in stillbirth” means a 4 certificate issued to record the birth of a stillborn fetus. 5 b. “Stillbirth” means stillbirth as defined in section 6 136A.2. 7 2. After each fetal death that occurs in the state which 8 is also a stillbirth, the person required to file the fetal 9 death certificate pursuant to section 144.30 shall advise any 10 parent named on the fetal death certificate that the parent may 11 request the preparation of a certificate of birth resulting in 12 stillbirth in addition to the fetal death certificate. The 13 department shall, within thirty days of receiving a request, 14 issue a certificate of birth resulting in stillbirth. 15 3. The department shall prescribe by rules adopted pursuant 16 to chapter 17A the form and content of a request and the 17 process for requesting a certificate of birth resulting in 18 stillbirth. 19 4. The department shall prescribe by rules adopted pursuant 20 to chapter 17A the form and content of and the fee for the 21 preparation of a certificate of birth resulting in stillbirth. 22 a. At a minimum, the rules shall require that the 23 certificate of birth resulting in stillbirth contain all of the 24 following: 25 (1) The date of the stillbirth. 26 (2) The county in which the stillbirth occurred. 27 (3) A first name, middle name, last name, no name, or 28 combination of these as requested by the parent. 29 (4) The state file number of the corresponding fetal death 30 certificate. 31 (5) The statement: “This certificate is not proof of live 32 birth.” 33 b. The fees collected shall be remitted to the treasurer of 34 state for deposit in the general fund of the state or the vital 35 -1- LSB 5135XS (2) 84 pf/nh 1/ 3

S.F. 2176 records fund in accordance with section 144.46. 1 5. The state registrar and county registrar shall make a 2 notation on the corresponding fetal death certificate when a 3 certificate of birth resulting in stillbirth is issued. 4 6. Only a parent named on the fetal death certificate may 5 request a certificate of birth resulting in stillbirth. A 6 certificate of birth resulting in stillbirth may be requested 7 and issued at any time regardless of the date on which the 8 fetal death certificate was issued. 9 7. A certificate of birth resulting in stillbirth is not 10 required to be filed or registered. 11 8. A certificate of birth resulting in stillbirth shall not 12 be used to establish, bring, or support a civil cause of action 13 seeking damages against any person for bodily injury, personal 14 injury, or wrongful death for a stillbirth. 15 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 16 immediate importance, takes effect upon enactment. 17 EXPLANATION 18 This bill provides for the requesting and issuance of a 19 certificate of birth resulting in stillbirth. The bill defines 20 “stillbirth” as an unintended fetal death occurring after a 21 gestation period of 20 completed weeks, or an unintended fetal 22 death of a fetus with a weight of 350 or more grams. The bill 23 provides that after a fetal death occurs which is a stillbirth, 24 the person required to file a fetal death certificate as 25 prescribed by law shall advise any parent named on the fetal 26 death certificate that the parent may request the preparation 27 of a certificate of birth resulting in stillbirth in addition 28 to the fetal death certificate. The department is to issue the 29 certificate within 30 days of receiving a request. 30 The bill directs the department of public health to adopt 31 rules regarding a request for a certificate of birth resulting 32 in stillbirth and for the form, content, and fee related to the 33 preparation of a certificate of birth resulting in stillbirth. 34 The bill directs that the rules adopted require certain 35 -2- LSB 5135XS (2) 84 pf/nh 2/ 3

S.F. 2176 information on the certificate. Under the bill, a parent named 1 on the fetal death certificate may request a certificate of 2 birth resulting in stillbirth at any time regardless of the 3 date on which the fetal death certificate was issued. 4 The bill provides that a certificate of birth resulting 5 in stillbirth is not required to be filed or registered. A 6 certificate of birth resulting in stillbirth also is not to be 7 used to establish, bring, or support a civil cause of action 8 seeking damages against any person for bodily injury, personal 9 injury, or wrongful death for a stillbirth. 10 The bill takes effect upon enactment. 11 -3- LSB 5135XS (2) 84 pf/nh 3/ 3