SF 2539

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing for certified stillbirth 
  1.3             records; amending Minnesota Statutes 2002, sections 
  1.4             13.3806, subdivision 4; 144.212, subdivisions 4, 9, by 
  1.5             adding a subdivision; 144.214, subdivisions 2, 4; 
  1.6             144.225, subdivisions 2a, 7, 8; 144.226, subdivisions 
  1.7             1, 4; proposing coding for new law in Minnesota 
  1.8             Statutes, chapter 144; repealing Minnesota Statutes 
  1.9             2002, section 144.222, subdivision 1; Minnesota Rules, 
  1.10            parts 4601.0100, subpart 12; 4601.2200. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 13.3806, 
  1.13  subdivision 4, is amended to read: 
  1.14     Subd. 4.  [VITAL STATISTICS.] (a)  [PARENTS' SOCIAL 
  1.15  SECURITY NUMBER; BIRTH RECORD.] Parents' social security numbers 
  1.16  provided for a child's birth record are classified under section 
  1.17  144.215, subdivision 4. 
  1.18     (b)  [FOUNDLING REGISTRATION.] The report of the finding of 
  1.19  an infant of unknown parentage is classified under section 
  1.20  144.216, subdivision 2. 
  1.21     (c)  [NEW RECORD OF BIRTH.] In circumstances in which a new 
  1.22  record of birth may be issued under section 144.218, the 
  1.23  original record of birth is classified as provided in that 
  1.24  section. 
  1.25     (d)  [VITAL RECORDS.] Physical access to vital records is 
  1.26  governed by section 144.225, subdivision 1.  
  1.27     (e)  [BIRTH RECORD OF CHILD OF UNMARRIED PARENTS.] Access 
  1.28  to the birth record of a child whose parents were not married to 
  2.1   each other when the child was conceived or born is governed by 
  2.2   sections 144.225, subdivisions 2 and 4, and 257.73. 
  2.3      (f)  [HEALTH DATA FOR BIRTH REGISTRATION.] Health data 
  2.4   collected for birth registration or fetal death reporting are 
  2.5   classified under section 144.225, subdivision 2a.  
  2.6      (g)  [GROUP PURCHASER IDENTITY FOR BIRTH REGISTRATION.] 
  2.7   Classification of and access to the identity of a group 
  2.8   purchaser collected in association with birth registration is 
  2.9   governed by section 144.225, subdivision 6.  
  2.10     Sec. 2.  Minnesota Statutes 2002, section 144.212, 
  2.11  subdivision 4, is amended to read: 
  2.12     Subd. 4.  [FINAL DISPOSITION.] "Final disposition" means 
  2.13  the burial, interment, cremation, removal from the state, or 
  2.14  other authorized disposition of a dead body or dead fetus 
  2.15  stillbirth remains. 
  2.16     Sec. 3.  Minnesota Statutes 2002, section 144.212, is 
  2.17  amended by adding a subdivision to read: 
  2.18     Subd. 6a.  [STILLBIRTH.] "Stillbirth" means death of a 
  2.19  product of human conception after 20 weeks or more gestation and 
  2.20  before the complete expulsion or extraction from its mother that 
  2.21  is not an induced termination of pregnancy. 
  2.22     Sec. 4.  Minnesota Statutes 2002, section 144.212, 
  2.23  subdivision 9, is amended to read: 
  2.24     Subd. 9.  [VITAL STATISTICS.] "Vital statistics" means the 
  2.25  data derived from records and reports of birth, death, fetal 
  2.26  death stillbirth, induced abortion, marriage, dissolution and 
  2.27  annulment, and related reports. 
  2.28     Sec. 5.  Minnesota Statutes 2002, section 144.214, 
  2.29  subdivision 2, is amended to read: 
  2.30     Subd. 2.  [FAILURE OF DUTY.] A local registrar who neglects 
  2.31  or fails to discharge duties as provided by sections 144.211 to 
  2.32  144.227 may be relieved of the duties as local registrar by the 
  2.33  state registrar after notice and hearing.  The state registrar 
  2.34  may appoint a successor to serve as local registrar.  If a local 
  2.35  registrar fails to file or transmit birth, stillbirth, or death 
  2.36  records, the state registrar shall obtain them by other means. 
  3.1      Sec. 6.  Minnesota Statutes 2002, section 144.214, 
  3.2   subdivision 4, is amended to read: 
  3.3      Subd. 4.  [DESIGNATED MORTICIANS.] The state registrar may 
  3.4   designate licensed morticians to receive records of death or 
  3.5   stillbirth for filing, to issue burial permits, and to issue 
  3.6   permits for the transportation of dead bodies or dead fetuses 
  3.7   stillbirth remains within a designated territory.  The 
  3.8   designated morticians shall perform duties as prescribed by rule 
  3.9   of the commissioner. 
  3.10     Sec. 7.  [144.2185] [STILLBIRTH REGISTRATION.] 
  3.11     Subdivision 1.  [WHEN AND WHERE TO FILE.] A stillbirth 
  3.12  record for each stillbirth that occurs in the state shall be 
  3.13  filed with the state registrar or local registrar or with a 
  3.14  mortician designated pursuant to section 144.214, subdivision 4, 
  3.15  within five days after stillbirth and prior to final disposition.
  3.16     Subd. 2.  [RULES GOVERNING STILLBIRTH REGISTRATION.] The 
  3.17  commissioner of health shall establish in rule an orderly 
  3.18  mechanism for the registration of stillbirths, including at 
  3.19  least a designation for who must file the stillbirth record, a 
  3.20  procedure for the registration of stillbirths in moving 
  3.21  conveyances, and provision to include certification of 
  3.22  stillbirth and assurance of registration prior to final 
  3.23  disposition. 
  3.24     Sec. 8.  Minnesota Statutes 2002, section 144.225, 
  3.25  subdivision 2a, is amended to read: 
  3.26     Subd. 2a.  [HEALTH DATA ASSOCIATED WITH BIRTH 
  3.27  REGISTRATION.] Information from which an identification of risk 
  3.28  for disease, disability, or developmental delay in a mother or 
  3.29  child can be made, that is collected in conjunction with birth 
  3.30  registration or fetal death reporting, is private data as 
  3.31  defined in section 13.02, subdivision 12.  The commissioner may 
  3.32  disclose to a local board of health, as defined in section 
  3.33  145A.02, subdivision 2, health data associated with birth 
  3.34  registration which identifies a mother or child at high risk for 
  3.35  serious disease, disability, or developmental delay in order to 
  3.36  assure access to appropriate health, social, or educational 
  4.1   services.  Notwithstanding the designation of the private data, 
  4.2   the commissioner of human services shall have access to health 
  4.3   data associated with birth registration for: 
  4.4      (1) purposes of administering medical assistance, general 
  4.5   assistance medical care, and the MinnesotaCare program; and 
  4.6      (2) for other public health purposes as determined by the 
  4.7   commissioner of health. 
  4.8      Sec. 9.  Minnesota Statutes 2002, section 144.225, 
  4.9   subdivision 7, is amended to read: 
  4.10     Subd. 7.  [CERTIFIED BIRTH, STILLBIRTH, OR DEATH RECORD.] 
  4.11  (a) The state or local registrar shall issue a certified birth, 
  4.12  stillbirth, or death record or a statement of no vital record 
  4.13  found to an individual upon the individual's proper completion 
  4.14  of an attestation provided by the commissioner: 
  4.15     (1) to a person who has a tangible interest in the 
  4.16  requested vital record.  A person who has a tangible interest is:
  4.17     (i) the subject of the vital record; 
  4.18     (ii) a child of the subject; 
  4.19     (iii) the spouse of the subject; 
  4.20     (iv) a parent of the subject; 
  4.21     (v) the grandparent or grandchild of the subject; 
  4.22     (vi) the party responsible for filing the vital record; 
  4.23     (vii) the legal custodian or guardian or conservator of the 
  4.24  subject; 
  4.25     (viii) a personal representative, by sworn affidavit of the 
  4.26  fact that the certified copy is required for administration of 
  4.27  the estate; 
  4.28     (ix) a successor of the subject, as defined in section 
  4.29  524.1-201, if the subject is deceased, by sworn affidavit of the 
  4.30  fact that the certified copy is required for administration of 
  4.31  the estate; 
  4.32     (x) if the requested record is a death record, a trustee of 
  4.33  a trust by sworn affidavit of the fact that the certified copy 
  4.34  is needed for the proper administration of the trust; 
  4.35     (xi) a person or entity who demonstrates that a certified 
  4.36  vital record is necessary for the determination or protection of 
  5.1   a personal or property right, pursuant to rules adopted by the 
  5.2   commissioner; or 
  5.3      (xii) adoption agencies in order to complete confidential 
  5.4   postadoption searches as required by section 259.83; 
  5.5      (2) to any local, state, or federal governmental agency 
  5.6   upon request if the certified vital record is necessary for the 
  5.7   governmental agency to perform its authorized duties.  An 
  5.8   authorized governmental agency includes the department of human 
  5.9   services, the department of revenue, and the United States 
  5.10  Immigration and Naturalization Service; 
  5.11     (3) to an attorney upon evidence of the attorney's license; 
  5.12     (4) pursuant to a court order issued by a court of 
  5.13  competent jurisdiction.  For purposes of this section, a 
  5.14  subpoena does not constitute a court order; or 
  5.15     (5) to a representative authorized by a person under 
  5.16  clauses (1) to (4). 
  5.17     (b) The state or local registrar shall also issue a 
  5.18  certified death record to an individual described in paragraph 
  5.19  (a), clause (1), items (ii) to (vii), if, on behalf of the 
  5.20  individual, a mortician designated to receive death records 
  5.21  under section 144.214, subdivision 4, furnishes the registrar 
  5.22  with a properly completed attestation in the form provided by 
  5.23  the commissioner within 180 days of the time of death of the 
  5.24  subject of the death record.  This paragraph is not subject to 
  5.25  the requirements specified in Minnesota Rules, part 4601.2600, 
  5.26  subpart 5, item B. 
  5.27     Sec. 10.  Minnesota Statutes 2002, section 144.225, 
  5.28  subdivision 8, is amended to read: 
  5.29     Subd. 8.  [STANDARDIZED FORMAT FOR CERTIFIED BIRTH, 
  5.30  STILLBIRTH, AND DEATH RECORDS.] No later than July 1, 2000, the 
  5.31  commissioner shall develop a standardized format for certified 
  5.32  birth records, stillbirth records, and death records issued by 
  5.33  state and local registrars.  The format shall incorporate 
  5.34  security features in accordance with this section.  The 
  5.35  standardized format must be implemented on a statewide basis by 
  5.36  July 1, 2001. 
  6.1      Sec. 11.  Minnesota Statutes 2002, section 144.226, 
  6.2   subdivision 1, is amended to read: 
  6.3      Subdivision 1.  [WHICH SERVICES ARE FOR FEE.] The fees for 
  6.4   the following services shall be the following or an amount 
  6.5   prescribed by rule of the commissioner: 
  6.6      (a) The fee for the issuance of a certified vital record or 
  6.7   a certification that the vital record cannot be found is $8.  No 
  6.8   fee shall be charged for a certified birth, stillbirth, or death 
  6.9   record that is reissued within one year of the original issue, 
  6.10  if an amendment is made to the vital record and if the 
  6.11  previously issued vital record is surrendered. 
  6.12     (b) The fee for the replacement of a birth record for all 
  6.13  events, except when filing a recognition of parentage pursuant 
  6.14  to section 257.73, subdivision 1, is $20. 
  6.15     (c) The fee for the filing of a delayed registration of 
  6.16  birth, stillbirth, or death is $20. 
  6.17     (d) The fee for the amendment of any vital record when 
  6.18  requested more than 45 days after the filing of the vital record 
  6.19  is $20.  No fee shall be charged for an amendment requested 
  6.20  within 45 days after the filing of the vital record. 
  6.21     (e) The fee for the verification of information from vital 
  6.22  records is $8 when the applicant furnishes the specific 
  6.23  information to locate the vital record.  When the applicant does 
  6.24  not furnish specific information, the fee is $20 per hour for 
  6.25  staff time expended.  Specific information includes the correct 
  6.26  date of the event and the correct name of the registrant.  Fees 
  6.27  charged shall approximate the costs incurred in searching and 
  6.28  copying the vital records.  The fee shall be payable at the time 
  6.29  of application. 
  6.30     (f) The fee for issuance of a copy of any document on file 
  6.31  pertaining to a vital record or statement that a related 
  6.32  document cannot be found is $8. 
  6.33     Sec. 12.  Minnesota Statutes 2002, section 144.226, 
  6.34  subdivision 4, is amended to read: 
  6.35     Subd. 4.  [VITAL RECORDS SURCHARGE.] In addition to any fee 
  6.36  prescribed under subdivision 1, there is a nonrefundable 
  7.1   surcharge of $2 for each certified and noncertified birth, 
  7.2   stillbirth, or death record, and for a certification that the 
  7.3   record cannot be found.  The local or state registrar shall 
  7.4   forward this amount to the state treasurer to be deposited into 
  7.5   the state government special revenue fund.  This surcharge shall 
  7.6   not be charged under those circumstances in which no fee for a 
  7.7   birth, stillbirth, or death record is permitted under 
  7.8   subdivision 1, paragraph (a).  
  7.9      Sec. 13.  [RULEMAKING.] 
  7.10     The commissioner of health shall amend Minnesota Rules, 
  7.11  parts 4601.0100 to 4601.2600, to conform with this act, 
  7.12  including replacing the term "fetal death" with "stillbirth." 
  7.13     Sec. 14.  [RETROACTIVE APPLICATION.] 
  7.14     Upon request, the state or local registrar shall issue a 
  7.15  certified stillbirth record, according to Minnesota Statutes, 
  7.16  section 144.225, subdivision 7, for a stillbirth that occurred 
  7.17  between January 1, 2001, and the effective date of this act. 
  7.18     Sec. 15.  [REPEALER.] 
  7.19     (a) Minnesota Statutes 2002, section 144.222, subdivision 
  7.20  1, is repealed. 
  7.21     (b) Minnesota Rules, parts 4601.0100, subpart 12; and 
  7.22  4601.2200, are repealed. 
  7.23     Sec. 16.  [EFFECTIVE DATE.] 
  7.24     Section 13 is effective the day following final enactment.