Bill Text: IA SSB1062 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to a certificate of nonviable birth.(See SF 308.)

Spectrum: Committee Bill

Status: (Introduced) 2021-02-10 - Committee report approving bill, renumbered as SF 308. [SSB1062 Detail]

Download: Iowa-2021-SSB1062-Introduced.html
Senate Study Bill 1062 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON EDLER) 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 TLSB 1934XC (3) 89 pf/rh
S.F. _____ 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 -1- LSB 1934XC (3) 89 pf/rh 1/ 3
S.F. _____ 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 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to a certificate of nonviable birth. The 23 provisions of the bill are similar to those relating to a 24 certificate of birth resulting in stillbirth pursuant to Code 25 section 144.31A. 26 Under the bill, a “nonviable birth” means an unintentional, 27 spontaneous fetal demise occurring after demonstration of a 28 doppler-detected heartbeat and prior to the twentieth week of 29 gestation during a pregnancy that has been verified by a health 30 care provider. 31 The bill provides that a health care provider who attends or 32 diagnoses a nonviable birth or a hospital at which a nonviable 33 birth occurs shall advise a patient who experiences a nonviable 34 birth that the patient may request a certificate of nonviable 35 -2- LSB 1934XC (3) 89 pf/rh 2/ 3
S.F. _____ birth and, upon request by the patient, shall provide a letter 1 certifying the nonviable birth to the patient. 2 The bill authorizes the department of public health (DPH) 3 to prescribe by administrative rule the form and content of 4 a request and the process for requesting a certificate of 5 nonviable birth. DPH shall issue a certificate within 60 days 6 of receipt of a request by the patient and submission of the 7 certification letter. 8 DPH shall adopt administrative rules to prescribe the 9 form and content of and the fee for the preparation of a 10 certificate. The fee shall not exceed the actual cost of 11 preparation of the certificate. The bill prescribes the 12 minimum content of the certificate including the date of 13 the nonviable birth, name and gender information, and the 14 statement: “This certificate is not proof of live birth.” 15 Fees collected are to be deposited in the general fund of the 16 state and the vital records fund. A certificate of nonviable 17 birth shall not be required to be filed or registered; DPH 18 shall not register the nonviable birth associated with a 19 certificate or use the nonviable birth in calculating live 20 birth statistics; and a certificate of nonviable birth shall 21 not be used to establish, bring, or support a civil cause of 22 action seeking damages against any person for bodily injury, 23 personal injury, or wrongful death for a nonviable birth. 24 -3- LSB 1934XC (3) 89 pf/rh 3/ 3
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