HF 2050

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/20/2023 12:21pm

A bill for an act
relating to health; changing provisions in vital records for stillbirths; amending
Minnesota Statutes 2022, sections 144.2151; 144.222.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 144.2151, is amended to read:

144.2151 new text begin FETAL DEATH new text end RECORD new text begin AND CERTIFICATE new text end OF BIRTH
RESULTING IN STILLBIRTH.

Subdivision 1.

deleted text begin Filing deleted text end new text begin Registration new text end .

A new text begin fetal death new text end record deleted text begin of birth for each birth resulting
in a stillbirth in this state, on or after August 1, 2005, deleted text end new text begin must be established new text end for deleted text begin which a deleted text end new text begin each new text end
fetal death deleted text begin report is required deleted text end new text begin reported and registered new text end under section 144.222, subdivision 1 deleted text begin ,
shall be filed with the state registrar within five days after the birth if the parent or parents
of the stillbirth request to have a record of birth resulting in stillbirth prepared deleted text end .

Subd. 2.

Information to parents.

The party responsible for filing a fetal death report
under section 144.222, subdivision 1, shall advise the parent or parents of a stillbirth:

deleted text begin (1) that they may request preparation of a record of birth resulting in stillbirth;
deleted text end

deleted text begin (2) that preparation of the record is optional; and
deleted text end

deleted text begin (3) how to obtain a certified copy of the record if one is requested and prepared.
deleted text end

new text begin (1) that the parent or parents may choose to provide a full name or provide only a last
name for the record;
new text end

new text begin (2) that the parent or parents may request a certificate of birth resulting in stillbirth after
the fetal death record is established;
new text end

new text begin (3) that the parent who gave birth may request an informational copy of the fetal death
record; and
new text end

new text begin (4) that the parent or parents named on the fetal death record and the party responsible
for reporting the fetal death may correct or amend the record to protect the integrity and
accuracy of vital records.
new text end

Subd. 3.

deleted text begin Preparation deleted text end new text begin Responsibilities of the state registrar new text end .

deleted text begin (a) Within five days after
delivery of a stillbirth, the parent or parents of the stillbirth may prepare and file the record
with the state registrar if the parent or parents of the stillbirth, after being advised as provided
in subdivision 2, request to have a record of birth resulting in stillbirth prepared.
deleted text end

deleted text begin (b) If the parent or parents of the stillbirth do not choose to provide a full name for the
stillbirth, the parent or parents may choose to file only a last name.
deleted text end

deleted text begin (c) Either parent of the stillbirth or, if neither parent is available, another person with
knowledge of the facts of the stillbirth shall attest to the accuracy of the personal data entered
on the record in time to permit the filing of the record within five days after delivery.
deleted text end

new text begin The state registrar shall:
new text end

new text begin (1) prescribe the process to:
new text end

new text begin (i) register a fetal death;
new text end

new text begin (ii) request the certificate of birth resulting in stillbirth; and
new text end

new text begin (iii) request the informational copy of a fetal death record;
new text end

new text begin (2) prescribe a standardized format for the certificate of birth resulting in stillbirth, which
shall integrate security features and be as similar as possible to a birth certificate;
new text end

new text begin (3) issue a certificate of birth resulting in stillbirth or a statement of no vital record found
to the parent or parents named on the fetal death record upon the parent's proper completion
of an attestation provided by the commissioner and payment of the required fee;
new text end

new text begin (4) correct or amend the fetal death record upon a request from the parent who gave
birth, parents, or the person who registered the fetal death or filed the report; and
new text end

new text begin (5) refuse to amend or correct the fetal death record when an applicant does not submit
the minimum documentation required to amend the record or when the state registrar has
cause to question the validity or completeness of the applicant's statements or any
documentary evidence and the deficiencies are not corrected. The state registrar shall advise
the applicant of the reason for this action and shall further advise the applicant of the right
of appeal to a court with competent jurisdiction over the Department of Health.
new text end

Subd. 4.

deleted text begin Retroactive application deleted text end new text begin Delayed registration new text end .

deleted text begin Notwithstanding subdivisions
1 to 3, deleted text end If a deleted text begin birth that deleted text end new text begin fetal death new text end occurred in this state at any time deleted text begin resulted in a stillbirth deleted text end for
which a fetal death report was required under section 144.222, subdivision 1, but a deleted text begin record
of birth resulting in stillbirth was not prepared under subdivision 3, a parent of the stillbirth
may submit to the state registrar, on or after August 1, 2005, a written request for preparation
of a record of birth resulting in stillbirth and evidence of the facts of the stillbirth in the
form and manner specified by the state registrar. The state registrar shall prepare and file
the record of birth resulting in stillbirth within 30 days after receiving satisfactory evidence
of the facts of the stillbirth. deleted text end new text begin fetal death was not registered and a record was not established,
a person responsible for registering the fetal death, the medical examiner or coroner with
jurisdiction, or a parent may submit to the state registrar a written request to register the
fetal death and submit the evidence to support the request.
new text end

deleted text begin Subd. 5. deleted text end

deleted text begin Responsibilities of state registrar. deleted text end

deleted text begin The state registrar shall:
deleted text end

deleted text begin (1) prescribe the form of and information to be included on a record of birth resulting
in stillbirth, which shall be as similar as possible to the form of and information included
on a record of birth;
deleted text end

deleted text begin (2) prescribe the form of and information to be provided by the parent of a stillbirth
requesting a record of birth resulting in stillbirth under subdivisions 3 and 4 and make this
form available on the Department of Health's website;
deleted text end

deleted text begin (3) issue a certified copy of a record of birth resulting in stillbirth to a parent of the
stillbirth that is the subject of the record if:
deleted text end

deleted text begin (i) a record of birth resulting in stillbirth has been prepared and filed under subdivision
3 or 4; and
deleted text end

deleted text begin (ii) the parent requesting a certified copy of the record submits the request in writing;
and
deleted text end

deleted text begin (4) create and implement a process for entering, preparing, and handling stillbirth records
identical or as close as possible to the processes for birth and fetal death records when
feasible, but no later than the date on which the next reprogramming of the Department of
Health's database for vital records is completed.
deleted text end

Sec. 2.

Minnesota Statutes 2022, section 144.222, is amended to read:

144.222 new text begin FETAL DEATH new text end REPORTS deleted text begin OF FETAL OR INFANT DEATH deleted text end new text begin AND
REGISTRATION new text end .

Subdivision 1.

Fetal death report required.

A fetal death deleted text begin report deleted text end must be deleted text begin filed deleted text end new text begin registered
or reported new text end within five days of the death of a fetus for whom 20 or more weeks of gestation
have elapsed, except for abortions defined under section 145.4241. A fetal death deleted text begin report must
be prepared deleted text end new text begin must be registered or reported new text end in a format prescribed by the state registrar and
filed in accordance with Minnesota Rules, parts 4601.0100 to 4601.2600 by:

(1) a person in charge of an institution or that person's authorized designee if a fetus is
delivered in the institution or en route to the institution;

(2) a physician, certified nurse midwife, or other licensed medical personnel in attendance
at or immediately after the delivery if a fetus is delivered outside an institution; or

(3) a parent or other person in charge of the disposition of the remains if a fetal death
occurred without medical attendance at or immediately after the delivery.

Subd. 2.

deleted text begin Sudden infant death deleted text end new text begin Report to coroner or medical examiner new text end .

deleted text begin Each infant
death which is diagnosed as sudden infant death syndrome shall be reported within five
days to the state registrar. deleted text end new text begin Fetal deaths of 20 weeks or longer gestation unattended by a
physician, certified nurse midwife, or other licensed medical personnel under subdivision
1, clause (2), shall be reported to the coroner or medical examiner as required under section
390.11.
new text end