Bill Text: CA AB1951 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vital records: birth certificates.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2014-09-15 - Chaptered by Secretary of State - Chapter 334, Statutes of 2014. [AB1951 Detail]

Download: California-2013-AB1951-Amended.html

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BILL NUMBER: AB 1951	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2014
	AMENDED IN ASSEMBLY  MAY 1, 2014
	AMENDED IN ASSEMBLY  MARCH 25, 2014
	AMENDED IN ASSEMBLY  MARCH 17, 2014

INTRODUCED BY   Assembly Member Gomez
   (Coauthors: Assembly Members Ammiano, Eggman, Garcia, Gordon,
Skinner, and Ting)
   (Coauthor: Senator Lara)

                        FEBRUARY 19, 2014

   An act to amend Section 102425 of,  and  to add
Section 102425.1 to,  and to repeal Section 102150 of,  the
Health and Safety Code, relating to vital records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1951, as amended, Gomez. Vital records: birth certificates.
   Existing law prescribes the duties of the State Registrar of Vital
Statistics and local registrars of births and deaths with respect to
the registration of a live birth. Under existing law, a certificate
of live birth is required to contain, among other things, the full
name, birthplace, and date of birth of both the father and mother of
a child, except as provided.
   Existing law provides for the Vital Statistics Advisory Committee,
which, among other things, is required to review and make
recommendations to the State Registrar as to proposals for addition
or deletion of items on the certificate of live birth and advise the
State Registrar on the content and format of the certificate.
Existing law requires the State Registrar to publish within 30 days
of receipt of recommendations by the committee, both a list of the
recommendations adopted and a list of the recommendations not
adopted, with reasons for the action.
   This bill would instead require the State Registrar, with regard
to identification of the parents, to modify the certificate of live
birth to contain 2 lines that both read "Name of Parent" and contain,
next to each parent's name, 3 check boxes with the options of
mother, father, and parent to describe the parent's relationship to
the child. The bill would also require that all local registrars,
deputy registrars, and subregistrars use the modified certificate of
live birth, update all forms to incorporate the modification, and
discard all forms in use before the modification. The bill would
provide that these provisions become operative on January 1, 2016.
The bill would make  technical and  conforming changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION   1.    Section 102150 of the 
 Health and Safety Code   is repealed.  
   102150.  (a)  When objection is made by either parent to the
furnishing of information requested in items (3), (9), and (10) in
the confidential portion of the certificate of live birth, specified
in subdivision (b) of Section 102425, this information shall not be
required to be entered on that portion of the certificate of live
birth.
   (b)  A parent is not required to disclose his or her social
security number as required by paragraph (14) of subdivision (b) of
Section 102425 if the parent has good cause for not disclosing his or
her social security number. Good cause shall be defined by
regulations adopted by the State Department of Social Services.

   SECTION 1.   SEC. 2.   Section 102425 of
the Health and Safety Code is amended to read:
   102425.  (a) The certificate of live birth for any live birth
occurring on or after January 1, 1980, shall contain those items
necessary to establish the fact of the birth and shall contain only
the following information:
   (1) Full name and sex of the child.
   (2) Date of birth, including month, day, hour, and year.
   (3) Place of birth.
   (4) Full name, birthplace, and date of birth of each parent,
including month, day, and year, and the relationship of the parent to
the child.
   (A) The full name of the mother shall be the birth name of the
mother.
   (B) If the parents are not married to each other, the father's
name shall not be listed on the birth certificate unless the father
and the mother sign a voluntary declaration of paternity at the
hospital before the birth certificate is prepared. The birth
certificate may be amended to add the father's name at a later date
only if paternity for the child has been established by a judgment of
a court of competent jurisdiction or by the filing of a voluntary
declaration of paternity.
   (5) Multiple births and birth order of multiple births.
   (6) Signature, and relationship to the child, of a parent or other
informant, and date signed.
   (7) Name, title, and mailing address of the attending physician
and surgeon or principal attendant, signature, and certification of
live birth by the attending physician and surgeon or principal
attendant or certifier, date signed, and name and title of the
certifier if other than the attending physician and surgeon or
principal attendant.
   (8) Date accepted for registration and signature of local
registrar.
   (9) A state birth certificate number and local registration
district and number.
   (10) A blank space for entry of the date of death with a caption
reading "Date of Death."
   (b) In addition to the items listed in subdivision (a), the
certificate of live birth shall contain the following medical and
social information, provided that the information is kept
confidential pursuant to Sections 102430 and 102447 and is clearly
labeled "Confidential Information for Public Health Use Only":
   (1) Birth weight.
   (2) Pregnancy history.
   (3) Race and ethnicity of each parent.
   (4)  Residence   If applicable, the full
name, birthplace, date of birth, including month, day, and year, and
residence  address of the birth mother.
   (5) A blank space for entry of census tract for the birth mother's
address.
   (6) Date of first prenatal care visit, the number of prenatal care
visits, and commencing January 1, 2007, the date of last prenatal
care visit.
   (7) Date of last normal menses and, commencing January 1, 2007, an
obstetric estimate of completed weeks of gestation at delivery.
   (8) Description of complications and procedures of pregnancy and
concurrent illnesses, congenital malformation, and any complication
or procedure of labor and delivery, including surgery, provided that
this information is essential medical information and appears in
total on the face of the certificate.
   (9) Commencing January 1, 2007, hearing screen results.
   (10) Each parent's occupations and kind of business or industry.
   (11) Education level of each parent.
   (12) Principal source of payment for prenatal care, which shall
include the following: Medi-Cal, private insurance, self-pay, other
sources, and any other categories as may be determined by the State
Department of Public Health.
   (13) Expected principal source of payment for delivery, which
shall include the following: Medi-Cal, private insurance, self-pay,
other sources, and any other categories as may be determined by the
State Department of Public Health.
   (14) An indication of whether or not the child's parent desires
the automatic issuance of a social security number to the child.
   (15) On and after January 1, 1995, the social security numbers of
each parent, unless subdivision  (b) of Section 102150
  (d)  applies. 
   (c) When an objection is made by either parent to the furnishing
of the information specified in paragraphs (3), (9), and (11) of
subdivision (b) for the confidential portion of the certificate of
live birth, this information shall not be required to be entered on
that portion of the certificate of live birth.  
   (d) A parent is not required to disclose his or her social
security number as required by paragraph (15) of subdivision (b) if
the parent has good cause for not disclosing his or her social
security number. Good cause shall be defined by regulations adopted
by the State Department of Social Services.  
   (c) 
    (e)  Paragraph (8) of subdivision (b) shall be completed
by the attending physician and surgeon or the attending physician
and surgeon's designated representative. The names and addresses of
children born with congenital malformations who require followup
treatment, as determined by the child's physician and surgeon, shall
be furnished by the physician and surgeon to the local health
officer, if permission is granted by either parent of the child.

   (d) 
    (f)  The parent shall only be asked to sign the form
after both the public portion and the confidential medical and social
information items have been entered upon the certificate of live
birth. 
   (e) 
    (g)  (1) The State Registrar shall instruct all local
registrars to collect the information specified in this section with
respect to certificates of live birth. The information shall be
transcribed on the certificate of live birth in use at the time and
shall be limited to the information specified in this section.
   (2) Information relating to concurrent illnesses, complications
and procedures of pregnancy and delivery, and congenital
malformations shall be completed by the physician and surgeon, or the
physician and surgeon's designee, who shall insert in the space
provided on the confidential portion of the certificate the
appropriate number or numbers listed on the VS-10A supplemental
worksheet. The VS-10A supplemental form shall be used as a worksheet
only and shall not in any manner be linked with the identity of the
child or the birth mother, nor submitted with the certificate to the
State Registrar. All information transferred from the worksheet to
the certificate shall be fully explained to the parent or other
informant prior to the signing of the certificate. Questions relating
to drug or alcohol abuse shall not be asked. 
   (f) 
    (h)  (1) The Vital Statistics Advisory Committee, in
accordance with Section 102465, shall conduct a review of the
contents of the certificate of live birth to coincide with decennial
revisions by the National Center for Health Statistics to the United
States Standard Certificate of Live Birth. The Vital Statistics
Advisory Committee shall make recommendations to the State Registrar
regarding the adoption of modifications to the state certificate of
live birth that are similar to those made to the federal certificate.

   (2) Notwithstanding Section 102470, the State Registrar shall
review the Vital Statistics Advisory Committee recommendations and,
at the State Registrar's discretion, shall submit to the Legislature,
for approval, additions or deletions to the certificate of live
birth.
   SEC. 2.   SEC. 3.   Section 102425.1 is
added to the Health and Safety Code, to read:
   102425.1.  (a) Notwithstanding Sections 102465 and 102470, the
State Registrar of Vital Statistics, with regard to identification of
the parents, shall modify the certificate of live birth to do both
of the following:
   (1) Contain two lines that both read "Name of Parent."
   (2) Contain, next to each parent's name, three checkboxes to
choose from with the following options to describe the parent's
relationship to the child:
   (A) Mother.
   (B) Father.
   (C) Parent.
   (b) (1) The certificate of live birth, as described in subdivision
(a), shall be used by all local registrars, deputy registrars, and
subregistrars.
   (2) The local registrars, deputy registrars, and subregistrars
shall update all forms to incorporate the modification and discard
all forms in use before the modification described in subdivision
(a).
   (c) This section shall become operative on January 1, 2016.