SSB 1062 (LSB 1934XC (3) 89)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON EDLER)

A BILL FOR

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 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to a certificate of nonviable birth. The provisions of the bill are similar to those relating to a certificate of birth resulting in stillbirth pursuant to Code section 144.31A.
   Under the bill, a “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.
   The bill provides that 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 the patient may request a certificate of nonviable birth and, upon request by the patient, shall provide a letter certifying the nonviable birth to the patient.
   The bill authorizes the department of public health (DPH) to prescribe by administrative rule the form and content of a request and the process for requesting a certificate of nonviable birth. DPH shall issue a certificate within 60 days of receipt of a request by the patient and submission of the certification letter.
   DPH shall adopt administrative rules to prescribe the form and content of and the fee for the preparation of a certificate. The fee shall not exceed the actual cost of preparation of the certificate. The bill prescribes the minimum content of the certificate including the date of the nonviable birth, name and gender information, and the statement: “This certificate is not proof of live birth.”
   Fees collected are to be deposited in the general fund of the state and the vital records fund. A certificate of nonviable birth shall not be required to be filed or registered; DPH shall not register the nonviable birth associated with a certificate or use the nonviable birth in calculating live birth statistics; and 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.