HF 947

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; providing for an optional record
of birth resulting in stillbirth; amending Minnesota
Statutes 2004, sections 144.212, subdivision 8;
144.222, subdivision 1; 144.226, subdivisions 1, 3, 4;
proposing coding for new law in Minnesota Statutes,
chapter 144; repealing Minnesota Rules, part
4601.2200, subpart 1.

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

Section 1.

[144.2151] RECORD OF BIRTH RESULTING IN
STILLBIRTH.

Subdivision 1.

Filing.

A record of birth for each birth
resulting in a stillbirth in this state, on or after August 1,
2005, for which a fetal death report is required under section
144.222, subdivision 1, 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.

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:

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

(2) that preparation of the record is optional; and

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

Subd. 3.

Preparation.

(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.

(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.

(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.

Subd. 4.

Retroactive application.

Notwithstanding
subdivisions 1 to 3, if a birth that occurred in this state at
any time resulted in a stillbirth for which a fetal death report
was required under section 144.222, subdivision 1, but a 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.

Subd. 5.

Responsibilities of state registrar.

The state
registrar shall:

(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;

(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 Web site;

(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:

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

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

(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.

Sec. 2.

Minnesota Statutes 2004, section 144.212,
subdivision 8, is amended to read:

Subd. 8.

Vital record.

"Vital record" means a record or
report of birth, stillbirth,death, marriage, dissolution and
annulment, and data related thereto. The birth record is not a
medical record of the mother or the child.

Sec. 3.

Minnesota Statutes 2004, section 144.222,
subdivision 1, is amended to read:

Subdivision 1.

Fetal death report required.

Each fetal
death which occurs in this state shall be reported within five
days to the state registrar as prescribed by rule by the
commissioner. A fetal death report must be filed 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 report must be prepared 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.

Sec. 4.

Minnesota Statutes 2004, section 144.226,
subdivision 1, is amended to read:

Subdivision 1.

Which services are for fee.

The fees for
the following services shall be the following or an amount
prescribed by rule of the commissioner:

(a) The fee for the issuance of a certified vital record or
a certification that the vital record cannot be found is $8. No
fee shall be charged for a certified birth, stillbirth,or death
record that is reissued within one year of the original issue,
if an amendment is made to the vital record and if the
previously issued vital record is surrendered.

(b) The fee for the replacement of a birth record for all
events, except when filing a recognition of parentage pursuant
to section 257.73, subdivision 1, is $20.

(c) The fee for the filing of a delayed registration of
birth, stillbirth,or death is $20.

(d) The fee for the amendment of any vital record when
requested more than 45 days after the filing of the vital record
is $20. No fee shall be charged for an amendment requested
within 45 days after the filing of the vital record.

(e) The fee for the verification of information from vital
records is $8 when the applicant furnishes the specific
information to locate the vital record. When the applicant does
not furnish specific information, the fee is $20 per hour for
staff time expended. Specific information includes the correct
date of the event and the correct name of the registrant. Fees
charged shall approximate the costs incurred in searching and
copying the vital records. The fee shall be payable at the time
of application.

(f) The fee for issuance of a copy of any document on file
pertaining to a vital record or statement that a related
document cannot be found is $8.

Sec. 5.

Minnesota Statutes 2004, section 144.226,
subdivision 3, is amended to read:

Subd. 3.

Birth record surcharge.

In addition to any fee
prescribed under subdivision 1, there shall be a nonrefundable
surcharge of $3 for each certified birth or stillbirth record
and for a certification that the vital record cannot be found.
The local or state registrar shall forward this amount to the
commissioner of finance for deposit into the account for the
children's trust fund for the prevention of child abuse
established under section 119A.12. This surcharge shall not be
charged under those circumstances in which no fee for a
certified birth or stillbirth record is permitted under
subdivision 1, paragraph (a). Upon certification by the
commissioner of finance that the assets in that fund exceed
$20,000,000, this surcharge shall be discontinued.

Sec. 6.

Minnesota Statutes 2004, section 144.226,
subdivision 4, is amended to read:

Subd. 4.

Vital records surcharge.

In addition to any fee
prescribed under subdivision 1, there is a nonrefundable
surcharge of $2 for each certified and noncertified birth,
stillbirth,or death record, and for a certification that the
record cannot be found. The local or state registrar shall
forward this amount to the commissioner of finance to be
deposited into the state government special revenue fund. This
surcharge shall not be charged under those circumstances in
which no fee for a birth, stillbirth,or death record is
permitted under subdivision 1, paragraph (a).

Sec. 7. REPEALER.

Minnesota Rules, part 4601.2200, subpart 1, is repealed.