SF 1475

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; providing for certified stillbirth
records; amending Minnesota Statutes 2004, sections
13.3806, subdivision 4; 144.212, subdivisions 4, 9, by
adding a subdivision; 144.214, subdivisions 2, 4;
144.225, subdivisions 2a, 7, 8; 144.226, subdivisions
1, 4; proposing coding for new law in Minnesota
Statutes, chapter 144; repealing Minnesota Statutes
2004, section 144.222, subdivision 1; Minnesota Rules,
parts 4601.0100, subpart 12; 4601.2200.

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

Section 1.

Minnesota Statutes 2004, section 13.3806,
subdivision 4, is amended to read:

Subd. 4.

Vital statistics.

(a) [PARENTS' SOCIAL
SECURITY NUMBER; BIRTH RECORD.] Parents' Social Security numbers
provided for a child's birth record are classified under section
144.215, subdivision 4.

(b) [FOUNDLING REGISTRATION.] The report of the finding of
an infant of unknown parentage is classified under section
144.216, subdivision 2.

(c) [NEW RECORD OF BIRTH.] In circumstances in which a new
record of birth may be issued under section 144.218, the
original record of birth is classified as provided in that
section.

(d) [VITAL RECORDS.] Physical access to vital records is
governed by section 144.225, subdivision 1.

(e) [BIRTH RECORD OF CHILD OF UNMARRIED PARENTS.] Access
to the birth record of a child whose parents were not married to
each other when the child was conceived or born is governed by
sections 144.225, subdivisions 2 and 4, and 257.73.

(f) [HEALTH DATA FOR BIRTH REGISTRATION.] Health data
collected for birth registration deleted text begin or fetal death reporting deleted text end are
classified under section 144.225, subdivision 2a.

(g) [BIRTH RECORD; SHARING.] Sharing of birth record data
and data prepared under section 257.75, is governed by section
144.225, subdivision 2b.

(h) [GROUP PURCHASER IDENTITY FOR BIRTH REGISTRATION.]
Classification of and access to the identity of a group
purchaser collected in association with birth registration is
governed by section 144.225, subdivision 6.

Sec. 2.

Minnesota Statutes 2004, section 144.212,
subdivision 4, is amended to read:

Subd. 4.

Final disposition.

"Final disposition" means
the burial, interment, cremation, removal from the state, or
other authorized disposition of a dead body or deleted text begin dead fetus
deleted text end new text begin stillbirth remains new text end .

Sec. 3.

Minnesota Statutes 2004, section 144.212, is
amended by adding a subdivision to read:

new text begin Subd. 6a. new text end

new text begin Stillbirth. new text end

new text begin "Stillbirth" means death of a
product of human conception after 20 weeks or more gestation and
before the complete expulsion or extraction from its mother that
is not an induced termination of pregnancy.
new text end

Sec. 4.

Minnesota Statutes 2004, section 144.212,
subdivision 9, is amended to read:

Subd. 9.

Vital statistics.

"Vital statistics" means the
data derived from records and reports of birth, death, deleted text begin fetal
death deleted text end new text begin stillbirth new text end , induced abortion, marriage, dissolution and
annulment, and related reports.

Sec. 5.

Minnesota Statutes 2004, section 144.214,
subdivision 2, is amended to read:

Subd. 2.

Failure of duty.

A local registrar who neglects
or fails to discharge duties as provided by sections 144.211 to
144.227 may be relieved of the duties as local registrar by the
state registrar after notice and hearing. The state registrar
may appoint a successor to serve as local registrar. If a local
registrar fails to file or transmit birth new text begin , stillbirth, new text end or death
records, the state registrar shall obtain them by other means.

Sec. 6.

Minnesota Statutes 2004, section 144.214,
subdivision 4, is amended to read:

Subd. 4.

Designated morticians.

The state registrar may
designate licensed morticians to receive records of death new text begin or
stillbirth new text end for filing, to issue burial permits, and to issue
permits for the transportation of dead bodies or deleted text begin dead fetuses
deleted text end new text begin stillbirth remains new text end within a designated territory. The
designated morticians shall perform duties as prescribed by rule
of the commissioner.

Sec. 7.

new text begin [144.2185] STILLBIRTH REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin When and where to file. new text end

new text begin A stillbirth
record for each stillbirth that occurs in the state shall be
filed with the state registrar or local registrar or with a
mortician designated pursuant to section 144.214, subdivision 4,
within five days after stillbirth and prior to final disposition.
new text end

new text begin Subd. 2. new text end

new text begin Rules governing stillbirth registration. new text end

new text begin The
commissioner of health shall establish in rule an orderly
mechanism for the registration of stillbirths, including at
least a designation for who must file the stillbirth record, a
procedure for the registration of stillbirths in moving
conveyances, and provision to include certification of
stillbirth and assurance of registration prior to final
disposition.
new text end

Sec. 8.

Minnesota Statutes 2004, section 144.225,
subdivision 2a, is amended to read:

Subd. 2a.

Health data associated with birth
registration.

Information from which an identification of risk
for disease, disability, or developmental delay in a mother or
child can be made, that is collected in conjunction with birth
registration deleted text begin or fetal death reporting deleted text end , is private data as
defined in section 13.02, subdivision 12. The commissioner may
disclose to a local board of health, as defined in section
145A.02, subdivision 2, health data associated with birth
registration which identifies a mother or child at high risk for
serious disease, disability, or developmental delay in order to
assure access to appropriate health, social, or educational
services. Notwithstanding the designation of the private data,
the commissioner of human services shall have access to health
data associated with birth registration for:

(1) purposes of administering medical assistance, general
assistance medical care, and the MinnesotaCare program; and

(2) for other public health purposes as determined by the
commissioner of health.

Sec. 9.

Minnesota Statutes 2004, section 144.225,
subdivision 7, is amended to read:

Subd. 7.

Certified birth new text begin , stillbirth, new text end or death record.

(a) The state or local registrar shall issue a certified birth new text begin ,
stillbirth, new text end or death record or a statement of no vital record
found to an individual upon the individual's proper completion
of an attestation provided by the commissioner:

(1) to a person who has a tangible interest in the
requested vital record. A person who has a tangible interest is:

(i) the subject of the vital record;

(ii) a child of the subject;

(iii) the spouse of the subject;

(iv) a parent of the subject;

(v) the grandparent or grandchild of the subject;

(vi) the party responsible for filing the vital record;

(vii) the legal custodian or guardian or conservator of the
subject;

(viii) a personal representative, by sworn affidavit of the
fact that the certified copy is required for administration of
the estate;

(ix) a successor of the subject, as defined in section
524.1-201, if the subject is deceased, by sworn affidavit of the
fact that the certified copy is required for administration of
the estate;

(x) if the requested record is a death record, a trustee of
a trust by sworn affidavit of the fact that the certified copy
is needed for the proper administration of the trust;

(xi) a person or entity who demonstrates that a certified
vital record is necessary for the determination or protection of
a personal or property right, pursuant to rules adopted by the
commissioner; or

(xii) adoption agencies in order to complete confidential
postadoption searches as required by section 259.83;

(2) to any local, state, or federal governmental agency
upon request if the certified vital record is necessary for the
governmental agency to perform its authorized duties. An
authorized governmental agency includes the Department of Human
Services, the Department of Revenue, and the United States
Immigration and Naturalization Service;

(3) to an attorney upon evidence of the attorney's license;

(4) pursuant to a court order issued by a court of
competent jurisdiction. For purposes of this section, a
subpoena does not constitute a court order; or

(5) to a representative authorized by a person under
clauses (1) to (4).

(b) The state or local registrar shall also issue a
certified death record to an individual described in paragraph
(a), clause (1), items (ii) to (vii), if, on behalf of the
individual, a mortician designated to receive death records
under section 144.214, subdivision 4, furnishes the registrar
with a properly completed attestation in the form provided by
the commissioner within 180 days of the time of death of the
subject of the death record. This paragraph is not subject to
the requirements specified in Minnesota Rules, part 4601.2600,
subpart 5, item B.

Sec. 10.

Minnesota Statutes 2004, section 144.225,
subdivision 8, is amended to read:

Subd. 8.

Standardized format for certified birth new text begin ,
stillbirth, new text end and death records.

No later than July 1, 2000, the
commissioner shall develop a standardized format for certified
birth records new text begin , stillbirth records, new text end and death records issued by
state and local registrars. The format shall incorporate
security features in accordance with this section. The
standardized format must be implemented on a statewide basis by
July 1, 2001.

Sec. 11.

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 new text begin , stillbirth, new text end 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 new text begin , stillbirth, new text end 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. 12.

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 new text begin ,
stillbirth, new text end 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 new text begin , stillbirth, new text end or death record is
permitted under subdivision 1, paragraph (a).

Sec. 13. new text begin RULEMAKING.
new text end

new text begin The commissioner of health shall amend Minnesota Rules,
parts 4601.0100 to 4601.2600, to conform with this act,
including replacing the term "fetal death" with "stillbirth."
new text end

Sec. 14. new text begin RETROACTIVE APPLICATION.
new text end

new text begin Upon request, the state or local registrar shall issue a
certified stillbirth record, according to Minnesota Statutes,
section 144.225, subdivision 7, for a stillbirth that occurred
between January 1, 2001, and the effective date of this act.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, section 144.222, subdivision
1, is repealed.
new text end

new text begin (b) Minnesota Rules, parts 4601.0100, subpart 12; and
4601.2200, are repealed.
new text end

Sec. 16. new text begin EFFECTIVE DATE.
new text end

new text begin Section 13 is effective the day following final enactment.
new text end