1.1                          A bill for an act
  1.2             relating to health; providing for an optional record 
  1.3             of birth resulting in stillbirth; amending Minnesota 
  1.4             Statutes 2004, sections 144.212, subdivision 8; 
  1.5             144.222, subdivision 1; 144.226, subdivisions 1, 3, 4; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 144. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [144.2151] [RECORD OF STILLBIRTH.] 
  1.10     Subdivision 1.  [FILING.] A record of birth for each birth 
  1.11  resulting in a stillbirth in this state, on or after August 1, 
  1.12  2005, for which a fetal death report is required under section 
  1.13  144.222, subdivision 1, shall be filed with the state registrar 
  1.14  within five days after the birth if the parent or parents of the 
  1.15  stillbirth wish to have a record of birth resulting in 
  1.16  stillbirth prepared. 
  1.17     Subd. 2.  [INFORMATION TO PARENTS.] The party responsible 
  1.18  for filing a fetal death report under section 144.222, 
  1.19  subdivision 1, shall advise the parent or parents of a 
  1.20  stillbirth: 
  1.21     (1) that they may request preparation of a record of birth 
  1.22  resulting in stillbirth; 
  1.23     (2) that preparation of the record is optional; and 
  1.24     (3) how to obtain a certified copy of the record if one is 
  1.25  requested and prepared. 
  1.26     Subd. 3.  [PREPARATION.] (a) Within five days after 
  2.1   delivery of a stillbirth, the parent or parents of the 
  2.2   stillbirth shall prepare and file the record with the state 
  2.3   registrar if the parent or parents of the stillbirth, after 
  2.4   being advised as provided in subdivision 2, wish to have a 
  2.5   record of birth resulting in stillbirth prepared. 
  2.6      (b) If the parent or parents of the stillbirth do not wish 
  2.7   to provide a name for the stillbirth, the parent or parents of 
  2.8   the stillbirth shall file only a last name for the stillbirth. 
  2.9      (c) Either parent of the stillbirth or, if neither parent 
  2.10  is available, another person with knowledge of the facts of the 
  2.11  stillbirth shall attest to the accuracy of the personal data 
  2.12  entered on the record in time to permit the filing of the record 
  2.13  within five days after delivery. 
  2.14     Subd. 4.  [RETROACTIVE APPLICATION.] Notwithstanding 
  2.15  subdivisions 1 to 3, if a birth that occurred in this state at 
  2.16  any time resulted in a stillbirth for which a fetal death report 
  2.17  was required under section 144.222, subdivision 1, but a record 
  2.18  of birth resulting in stillbirth was not prepared under 
  2.19  subdivision 3, a parent of the stillbirth may submit to the 
  2.20  state registrar, on or after August 1, 2005, a written request 
  2.21  for preparation of a record of birth resulting in stillbirth and 
  2.22  evidence of the facts of the stillbirth in the form and manner 
  2.23  specified by the state registrar.  The state registrar shall 
  2.24  prepare and file the record of birth resulting in stillbirth 
  2.25  within 30 days after receiving satisfactory evidence of the 
  2.26  facts of the stillbirth. 
  2.27     Subd. 5.  [RESPONSIBILITIES OF STATE REGISTRAR.] The state 
  2.28  registrar shall: 
  2.29     (1) prescribe the form of and information to be included on 
  2.30  a record of birth resulting in stillbirth, which shall be as 
  2.31  similar as possible to the form of and information included on a 
  2.32  record of birth; 
  2.33     (2) prescribe the form of and information to be provided by 
  2.34  the parent of a stillbirth requesting a record of birth 
  2.35  resulting in stillbirth under subdivisions 3 and 4 and make this 
  2.36  form available on the Department of Health's Web site; 
  3.1      (3) issue a certified copy of a record of birth resulting 
  3.2   in stillbirth to a parent of the stillbirth that is the subject 
  3.3   of the record if: 
  3.4      (i) a record of birth resulting in stillbirth has been 
  3.5   prepared and filed under subdivision 3 or 4; and 
  3.6      (ii) the parent requesting a certified copy of the record 
  3.7   submits the request in writing; and 
  3.8      (4) create and implement a process for entering, preparing, 
  3.9   and handling stillbirth records identical or as close as 
  3.10  possible to the processes for birth and fetal death records when 
  3.11  feasible, but no later than the date on which the next 
  3.12  reprogramming of the Department of Health's database for vital 
  3.13  records is completed. 
  3.14     Sec. 2.  Minnesota Statutes 2004, section 144.212, 
  3.15  subdivision 8, is amended to read: 
  3.16     Subd. 8.  [VITAL RECORD.] "Vital record" means a record or 
  3.17  report of birth, stillbirth, death, marriage, dissolution and 
  3.18  annulment, and data related thereto.  The birth record is not a 
  3.19  medical record of the mother or the child. 
  3.20     Sec. 3.  Minnesota Statutes 2004, section 144.222, 
  3.21  subdivision 1, is amended to read: 
  3.22     Subdivision 1.  [FETAL DEATH REPORT REQUIRED.] ~~Each fetal~~ 
  3.23  ~~death which occurs in this state shall be reported within five~~ 
  3.24  ~~days to the state registrar as prescribed by rule by the~~ 
  3.25  ~~commissioner.~~  A fetal death report must be filed within five 
  3.26  days of the death of a fetus for whom 20 or more weeks of 
  3.27  gestation have elapsed, except for abortions subject to the 
  3.28  reporting requirements under section 145.4131.  A fetal death 
  3.29  report shall be filed by: 
  3.30     (1) a person in charge of an institution or that person's 
  3.31  authorized designee if a fetus is delivered in the institution 
  3.32  or en route to the institution; 
  3.33     (2) a physician, certified nurse midwife, or other licensed 
  3.34  medical personnel in attendance at or immediately after the 
  3.35  delivery if a fetus is delivered outside an institution; or 
  3.36     (3) a parent or other person in charge of the disposition 
  4.1   of the remains if a fetal death occurred without medical 
  4.2   attendance at or immediately after the delivery. 
  4.3      Sec. 4.  Minnesota Statutes 2004, section 144.226, 
  4.4   subdivision 1, is amended to read: 
  4.5      Subdivision 1.  [WHICH SERVICES ARE FOR FEE.] The fees for 
  4.6   the following services shall be the following or an amount 
  4.7   prescribed by rule of the commissioner: 
  4.8      (a) The fee for the issuance of a certified vital record or 
  4.9   a certification that the vital record cannot be found is $8.  No 
  4.10  fee shall be charged for a certified birth, stillbirth, or death 
  4.11  record that is reissued within one year of the original issue, 
  4.12  if an amendment is made to the vital record and if the 
  4.13  previously issued vital record is surrendered. 
  4.14     (b) The fee for the replacement of a birth record for all 
  4.15  events, except when filing a recognition of parentage pursuant 
  4.16  to section 257.73, subdivision 1, is $20. 
  4.17     (c) The fee for the filing of a delayed registration of 
  4.18  birth, stillbirth, or death is $20. 
  4.19     (d) The fee for the amendment of any vital record when 
  4.20  requested more than 45 days after the filing of the vital record 
  4.21  is $20.  No fee shall be charged for an amendment requested 
  4.22  within 45 days after the filing of the vital record. 
  4.23     (e) The fee for the verification of information from vital 
  4.24  records is $8 when the applicant furnishes the specific 
  4.25  information to locate the vital record.  When the applicant does 
  4.26  not furnish specific information, the fee is $20 per hour for 
  4.27  staff time expended.  Specific information includes the correct 
  4.28  date of the event and the correct name of the registrant.  Fees 
  4.29  charged shall approximate the costs incurred in searching and 
  4.30  copying the vital records.  The fee shall be payable at the time 
  4.31  of application. 
  4.32     (f) The fee for issuance of a copy of any document on file 
  4.33  pertaining to a vital record or statement that a related 
  4.34  document cannot be found is $8. 
  4.35     Sec. 5.  Minnesota Statutes 2004, section 144.226, 
  4.36  subdivision 3, is amended to read: 
  5.1      Subd. 3.  [BIRTH RECORD SURCHARGE.] In addition to any fee 
  5.2   prescribed under subdivision 1, there shall be a nonrefundable 
  5.3   surcharge of $3 for each certified birth or stillbirth record 
  5.4   and for a certification that the vital record cannot be found.  
  5.5   The local or state registrar shall forward this amount to the 
  5.6   commissioner of finance for deposit into the account for the 
  5.7   children's trust fund for the prevention of child abuse 
  5.8   established under section 119A.12.  This surcharge shall not be 
  5.9   charged under those circumstances in which no fee for a 
  5.10  certified birth or stillbirth record is permitted under 
  5.11  subdivision 1, paragraph (a).  Upon certification by the 
  5.12  commissioner of finance that the assets in that fund exceed 
  5.13  $20,000,000, this surcharge shall be discontinued. 
  5.14     Sec. 6.  Minnesota Statutes 2004, section 144.226, 
  5.15  subdivision 4, is amended to read: 
  5.16     Subd. 4.  [VITAL RECORDS SURCHARGE.] In addition to any fee 
  5.17  prescribed under subdivision 1, there is a nonrefundable 
  5.18  surcharge of $2 for each certified and noncertified birth, 
  5.19  stillbirth, or death record, and for a certification that the 
  5.20  record cannot be found.  The local or state registrar shall 
  5.21  forward this amount to the commissioner of finance to be 
  5.22  deposited into the state government special revenue fund.  This 
  5.23  surcharge shall not be charged under those circumstances in 
  5.24  which no fee for a birth, stillbirth, or death record is 
  5.25  permitted under subdivision 1, paragraph (a).