Senate File 308 - IntroducedA Bill ForAn Act 1relating to a certificate of nonviable birth.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  144.31B  Certificate of nonviable
2birth.
   31.  As used in this section:
   4a.  “Certificate of nonviable birth” means a document issued
5based upon a nonviable birth.
   6b.  “Health care provider” means the same as defined in
7section 144.29A.
   8c.  “Hospital” means the same as defined in section 135B.1.
   9d.  “Nonviable birth” means an unintentional,
10spontaneous fetal demise occurring after demonstration
11of a doppler-detected heartbeat and prior to the twentieth week
12of gestation during a pregnancy that has been verified by a
13health care provider.
   142.  A health care provider who attends or diagnoses a
15nonviable birth or a hospital at which a nonviable birth occurs
16shall advise a patient who experiences a nonviable birth that
17the patient may request a certificate of nonviable birth as
18provided in this section and, upon request by the patient,
19shall provide a letter certifying the nonviable birth to the
20patient.
   213.  The department may prescribe by rules adopted pursuant to
22chapter 17A the form and content of a request and the process
23for requesting a certificate of nonviable birth.
   244.  The department shall issue a certificate of nonviable
25birth to a patient within sixty days of receipt of a request
26and certification letter.
   275.  a.  The department shall prescribe by rules adopted
28pursuant to chapter 17A the form and content of and the fee
29for the preparation of a certificate of nonviable birth, which
30fee shall not exceed the actual cost of preparation of the
31certificate.
   32b.  At a minimum, the rules shall require that the
33certificate of nonviable birth contain all of the following:
   34(1)  The date of the nonviable birth.
   35(2)  The name and gender, if known. If the name is not
-1-1furnished by the patient, the department shall complete the
2certificate with the name “baby boy” or “baby girl” and the
3last name of the patient. If the gender is unknown, the
4department shall complete the certificate with the name “baby”
5and the last name of the patient.
   6(3)  The statement: “This certificate is not proof of live
7birth.”
   86.  The fees collected shall be remitted to the treasurer
9of state for deposit in the general fund of the state and the
10vital records fund in accordance with section 144.46.
   117.  A certificate of nonviable birth shall not be required to
12be filed or registered. The department shall not register the
13nonviable birth associated with a certificate issued under this
14section or use the nonviable birth in calculating live birth
15statistics.
   168.  A certificate of nonviable birth shall not be used to
17establish, bring, or support a civil cause of action seeking
18damages against any person for bodily injury, personal injury,
19or wrongful death for a nonviable birth.
   209.  This section shall only apply to, and a certificate of
21nonviable birth may be requested and issued only for, nonviable
22births occurring on or after July 1, 2021.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
   26This bill relates to a certificate of nonviable birth. The
27provisions of the bill are similar to those relating to a
28certificate of birth resulting in stillbirth pursuant to Code
29section 144.31A.
   30Under the bill, a “nonviable birth” means an unintentional,
31spontaneous fetal demise occurring after demonstration of a
32doppler-detected heartbeat and prior to the twentieth week of
33gestation during a pregnancy that has been verified by a health
34care provider.
   35The bill provides that a health care provider who attends or
-2-1diagnoses a nonviable birth or a hospital at which a nonviable
2birth occurs shall advise a patient who experiences a nonviable
3birth that the patient may request a certificate of nonviable
4birth and, upon request by the patient, shall provide a letter
5certifying the nonviable birth to the patient.
   6The bill authorizes the department of public health (DPH)
7to prescribe by administrative rule the form and content of
8a request and the process for requesting a certificate of
9nonviable birth. DPH shall issue a certificate within 60 days
10of receipt of a request by the patient and submission of the
11certification letter.
   12DPH shall adopt administrative rules to prescribe the
13form and content of and the fee for the preparation of a
14certificate. The fee shall not exceed the actual cost of
15preparation of the certificate. The bill prescribes the
16minimum content of the certificate including the date of
17the nonviable birth, name and gender information, and the
18statement: “This certificate is not proof of live birth.”
   19Fees collected are to be deposited in the general fund of the
20state and the vital records fund. A certificate of nonviable
21birth shall not be required to be filed or registered; DPH
22shall not register the nonviable birth associated with a
23certificate or use the nonviable birth in calculating live
24birth statistics; and a certificate of nonviable birth shall
25not be used to establish, bring, or support a civil cause of
26action seeking damages against any person for bodily injury,
27personal injury, or wrongful death for a nonviable birth.
   28The bill applies to, and a certificate of nonviable birth may
29be requested and issued only for, nonviable births occurring on
30or after July 1, 2021.
-3-
pf/rh