Bill Text: IA SF308 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to a certificate of nonviable birth.(Formerly SSB 1062; See SF 577.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-10 - Committee report approving bill, renumbered as SF 577. S.J. 593. [SF308 Detail]
Download: Iowa-2021-SF308-Introduced.html
Senate
File
308
-
Introduced
SENATE
FILE
308
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SSB
1062)
A
BILL
FOR
An
Act
relating
to
a
certificate
of
nonviable
birth.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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1934SV
(2)
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pf/rh
S.F.
308
Section
1.
NEW
SECTION
.
144.31B
Certificate
of
nonviable
1
birth.
2
1.
As
used
in
this
section:
3
a.
“Certificate
of
nonviable
birth”
means
a
document
issued
4
based
upon
a
nonviable
birth.
5
b.
“Health
care
provider”
means
the
same
as
defined
in
6
section
144.29A.
7
c.
“Hospital”
means
the
same
as
defined
in
section
135B.1.
8
d.
“Nonviable
birth”
means
an
unintentional,
9
spontaneous
fetal
demise
occurring
after
demonstration
10
of
a
doppler-detected
heartbeat
and
prior
to
the
twentieth
week
11
of
gestation
during
a
pregnancy
that
has
been
verified
by
a
12
health
care
provider.
13
2.
A
health
care
provider
who
attends
or
diagnoses
a
14
nonviable
birth
or
a
hospital
at
which
a
nonviable
birth
occurs
15
shall
advise
a
patient
who
experiences
a
nonviable
birth
that
16
the
patient
may
request
a
certificate
of
nonviable
birth
as
17
provided
in
this
section
and,
upon
request
by
the
patient,
18
shall
provide
a
letter
certifying
the
nonviable
birth
to
the
19
patient.
20
3.
The
department
may
prescribe
by
rules
adopted
pursuant
to
21
chapter
17A
the
form
and
content
of
a
request
and
the
process
22
for
requesting
a
certificate
of
nonviable
birth.
23
4.
The
department
shall
issue
a
certificate
of
nonviable
24
birth
to
a
patient
within
sixty
days
of
receipt
of
a
request
25
and
certification
letter.
26
5.
a.
The
department
shall
prescribe
by
rules
adopted
27
pursuant
to
chapter
17A
the
form
and
content
of
and
the
fee
28
for
the
preparation
of
a
certificate
of
nonviable
birth,
which
29
fee
shall
not
exceed
the
actual
cost
of
preparation
of
the
30
certificate.
31
b.
At
a
minimum,
the
rules
shall
require
that
the
32
certificate
of
nonviable
birth
contain
all
of
the
following:
33
(1)
The
date
of
the
nonviable
birth.
34
(2)
The
name
and
gender,
if
known.
If
the
name
is
not
35
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S.F.
308
furnished
by
the
patient,
the
department
shall
complete
the
1
certificate
with
the
name
“baby
boy”
or
“baby
girl”
and
the
2
last
name
of
the
patient.
If
the
gender
is
unknown,
the
3
department
shall
complete
the
certificate
with
the
name
“baby”
4
and
the
last
name
of
the
patient.
5
(3)
The
statement:
“This
certificate
is
not
proof
of
live
6
birth.”
7
6.
The
fees
collected
shall
be
remitted
to
the
treasurer
8
of
state
for
deposit
in
the
general
fund
of
the
state
and
the
9
vital
records
fund
in
accordance
with
section
144.46.
10
7.
A
certificate
of
nonviable
birth
shall
not
be
required
to
11
be
filed
or
registered.
The
department
shall
not
register
the
12
nonviable
birth
associated
with
a
certificate
issued
under
this
13
section
or
use
the
nonviable
birth
in
calculating
live
birth
14
statistics.
15
8.
A
certificate
of
nonviable
birth
shall
not
be
used
to
16
establish,
bring,
or
support
a
civil
cause
of
action
seeking
17
damages
against
any
person
for
bodily
injury,
personal
injury,
18
or
wrongful
death
for
a
nonviable
birth.
19
9.
This
section
shall
only
apply
to,
and
a
certificate
of
20
nonviable
birth
may
be
requested
and
issued
only
for,
nonviable
21
births
occurring
on
or
after
July
1,
2021.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
a
certificate
of
nonviable
birth.
The
26
provisions
of
the
bill
are
similar
to
those
relating
to
a
27
certificate
of
birth
resulting
in
stillbirth
pursuant
to
Code
28
section
144.31A.
29
Under
the
bill,
a
“nonviable
birth”
means
an
unintentional,
30
spontaneous
fetal
demise
occurring
after
demonstration
of
a
31
doppler-detected
heartbeat
and
prior
to
the
twentieth
week
of
32
gestation
during
a
pregnancy
that
has
been
verified
by
a
health
33
care
provider.
34
The
bill
provides
that
a
health
care
provider
who
attends
or
35
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3
S.F.
308
diagnoses
a
nonviable
birth
or
a
hospital
at
which
a
nonviable
1
birth
occurs
shall
advise
a
patient
who
experiences
a
nonviable
2
birth
that
the
patient
may
request
a
certificate
of
nonviable
3
birth
and,
upon
request
by
the
patient,
shall
provide
a
letter
4
certifying
the
nonviable
birth
to
the
patient.
5
The
bill
authorizes
the
department
of
public
health
(DPH)
6
to
prescribe
by
administrative
rule
the
form
and
content
of
7
a
request
and
the
process
for
requesting
a
certificate
of
8
nonviable
birth.
DPH
shall
issue
a
certificate
within
60
days
9
of
receipt
of
a
request
by
the
patient
and
submission
of
the
10
certification
letter.
11
DPH
shall
adopt
administrative
rules
to
prescribe
the
12
form
and
content
of
and
the
fee
for
the
preparation
of
a
13
certificate.
The
fee
shall
not
exceed
the
actual
cost
of
14
preparation
of
the
certificate.
The
bill
prescribes
the
15
minimum
content
of
the
certificate
including
the
date
of
16
the
nonviable
birth,
name
and
gender
information,
and
the
17
statement:
“This
certificate
is
not
proof
of
live
birth.”
18
Fees
collected
are
to
be
deposited
in
the
general
fund
of
the
19
state
and
the
vital
records
fund.
A
certificate
of
nonviable
20
birth
shall
not
be
required
to
be
filed
or
registered;
DPH
21
shall
not
register
the
nonviable
birth
associated
with
a
22
certificate
or
use
the
nonviable
birth
in
calculating
live
23
birth
statistics;
and
a
certificate
of
nonviable
birth
shall
24
not
be
used
to
establish,
bring,
or
support
a
civil
cause
of
25
action
seeking
damages
against
any
person
for
bodily
injury,
26
personal
injury,
or
wrongful
death
for
a
nonviable
birth.
27
The
bill
applies
to,
and
a
certificate
of
nonviable
birth
may
28
be
requested
and
issued
only
for,
nonviable
births
occurring
on
29
or
after
July
1,
2021.
30
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