Minnesota Session Laws - 2005, Regular Session

                             CHAPTER 60-H.F.No. 947 
                  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. 
           Presented to the governor May 16, 2005 
           Signed by the governor May 19, 2005, 4:00 p.m.