The Iowa Legislature > Publications > Search Legislative Documents > Search Result Print Icon Print
Main Search Advanced Search Topic Search Tools Disclaimer

Additional Formats

    Affected Code

    Senate File 577 - EnrolledAn Actrelating 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
    -1-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.
       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 CHAPMANPresident of the Senate    ______________________________
    PAT GRASSLEYSpeaker 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 SMITHSONSecretary of the Senate    Approved _______________, 2022______________________________
    KIM REYNOLDSGovernor    pf/rh/mb