Minnesota Legislature
HF 947
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to health; providing for an optional record
of birth resulting in stillbirth; amending Minnesota
Statutes 2004, section 144.222, subdivision 1;
proposing coding for new law in Minnesota Statutes,
chapter 144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[144.2151] RECORD OF STILLBIRTH.
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new text begin Subdivision 1. new text end
new text begin Filing. new text end
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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 wish to have a record of birth resulting in
stillbirth prepared.
new text end
new text begin Subd. 2. new text end
new text begin Information to parents. new text end
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The party responsible
for filing a fetal death report under section 144.222,
subdivision 1, shall advise the parent or parents of a
stillbirth:
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(1) that they may request preparation of a record of birth
resulting in stillbirth;
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(2) that preparation of the record is optional; and
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(3) how to obtain a certified copy of the record if one is
requested and prepared.
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new text begin Subd. 3. new text end
new text begin Preparation. new text end
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(a) Within five days after
delivery of a stillbirth, the party responsible for filing a
fetal death report under section 144.222, subdivision 1, shall
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, wish to have a record of birth
resulting in stillbirth prepared.
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(b) If the parent or parents of the stillbirth do not wish
to provide a name for the stillbirth, the person who prepares
the record of birth resulting in stillbirth shall leave blank
any reference to the name of the stillbirth.
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(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.
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new text begin Subd. 4. new text end
new text begin Retroactive application. new text end
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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.
new text end
new text begin Subd. 5. new text end
new text begin Responsibilities of state registrar. new text end
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The state
registrar shall:
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(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;
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(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 subdivision 4; and
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(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:
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(i) a record of birth resulting in stillbirth has been
prepared and filed under subdivision 3 or 4; and
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(ii) the parent requesting a certified copy of the record
submits the request in writing.
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Sec. 2.
Minnesota Statutes 2004, section 144.222,
subdivision 1, is amended to read:
Subdivision 1.
Fetal death new text begin report requirednew text end .
deleted text begin
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.
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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 subject to the
reporting requirements under section 145.4131. A fetal death
report shall be filed by:
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(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;
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(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
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(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.
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