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

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

---

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-Enrolled.html

---

BILL NUMBER: AB 1951	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 14, 2014
	PASSED THE ASSEMBLY  AUGUST 20, 2014
	AMENDED IN SENATE  AUGUST 12, 2014
	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, repeal, and add Sections 102425 and 102430 of, to
add Sections 102425.1 and 102425.2 to, and to repeal Section 102150
of, the Health and Safety Code, relating to vital records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1951, 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, commencing January 1, 2016, 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
checkboxes 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, for a birth occurring prior to January 1, 2016,
authorize a parent to amend specified parental titles on the
certificate of live birth to the parent relationship designation
described above. The bill would require, if the birth mother is
listed on the certificate of live birth, the birth mother's name,
date of birth, and place of birth to be linked to her medical and
social information, and would require that the linkage be
confidential, as specified. The bill would make technical and
conforming changes.


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

  SECTION 1.  Section 102150 of the Health and Safety Code is
repealed.
  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 of the father, birthplace, and date of birth of the
father including month, day, and year. 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) Full birth name of the mother, birthplace, and date of birth
of the mother including month, day, and year.
   (6) Multiple births and birth order of multiple births.
   (7) Signature, and relationship to the child, of a parent or other
informant, and date signed.
   (8) 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.
   (9) Date accepted for registration and signature of local
registrar.
   (10) A state birth certificate number and local registration
district and number.
   (11) 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 the mother and father.
   (4) Residence address of the mother.
   (5) A blank space for entry of census tract for the 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) Mother's and father's occupations and kind of business or
industry.
   (11) Education level of the mother and father.
   (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
the mother and father, unless subdivision (d) applies.
   (c) When an objection is made by either parent to the furnishing
of the information specified in paragraphs (3), (10), 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.
   (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.
   (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.
   (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 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.
   (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.
   (i) This section shall be repealed on January 1, 2016.
  SEC. 3.  Section 102425 is added to the Health and Safety Code, to
read:
   102425.  (a) The certificate of live birth for any live birth
occurring on or after January 1, 2016, 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 parental 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 birth mother is one of the parents listed on the
certificate of live birth, her name shall be placed on the second
parent line.
   (C) 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 submitted for registration.
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 the mother and father.
   (4) 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) Mother's and father's occupations and kind of business or
industry.
   (11) Education level of the mother and father.
   (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
the mother and father, unless subdivision (d) applies.
   (c) When an objection is made by either parent to the furnishing
of the information specified in paragraphs (3), (10), 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.
   (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.
   (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.
   (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.
   (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.
   (i) This section shall become operative on January 1, 2016.
  SEC. 4.  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) The parent or informant signing the certificate of live birth
pursuant to paragraph (6) of subdivision (a) of Section 102425 shall
determine which parent relationship designation, as described in
subdivision (a), to select for each parent. The informant shall first
consult with one of the parents in selecting the appropriate parent
relationship designation, or, in the event that no parent is
available, the informant shall not select any checkboxes.
   (d) The parent relationship designations on a certificate of live
birth described in subdivision (a) may be amended in the manner
prescribed in Article 1 (commencing with Section 103225) if the
amendment affidavit is signed by at least one parent.
   (e) For all births occurring prior to January 1, 2016, a parent
may amend, in the manner prescribed in Article 1 (commencing with
Section 103225), the title of "Mother/Parent" and "Father/Parent" on
the certificate of live birth to instead have one of the parent
relationship designations specified in paragraph (2) of subdivision
(a).
   (f) This section shall become operative on January 1, 2016.
  SEC. 5.  Section 102425.2 is added to the Health and Safety Code,
to read:
   102425.2.  (a) If the birth mother is one of the parents listed on
the certificate of live birth pursuant to paragraph (4) of
subdivision (a) of Section 102425, the birth mother's name, date of
birth, and place of birth shall be linked to her medical and social
information collected pursuant to subdivision (b) of Section 102425
and paragraph (2) of subdivision (a) of Section 102426. This linkage
shall be confidential and may only be accessed, as permitted under
subdivision (b) of Section 102426 and Section 102430.
   (b) This section shall become operative on January 1, 2016.
  SEC. 6.  Section 102430 of the Health and Safety Code is amended to
read:
   102430.  (a) The second section of the certificate of live birth
as specified in subdivision (b) of Section 102425, the electronic
file of birth information collected pursuant to subparagraphs (B) to
(F), inclusive, of paragraph (2) of subdivision (a) of Section
102426, and the second section of the certificate of fetal death as
specified in Section 103025, shall be confidential. Access to the
confidential portion of any certificate of live birth or fetal death,
and the electronic file of birth information collected pursuant to
subparagraphs (B) to (F), inclusive, of paragraph (2) of subdivision
(a) of Section 102426, shall be limited to the following:
   (1) Department staff.
   (2) Local registrar's staff and local health department staff when
approved by the local registrar or local health officer,
respectively.
   (3) The county coroner.
   (4) Persons with a valid scientific interest as determined by the
State Registrar, who are engaged in demographic, epidemiological or
other similar studies related to health, and who agree to maintain
confidentiality as prescribed by this part and by regulation of the
State Registrar.
   (5) The parent who signed the certificate or, if no parent signed
the certificate, the mother.
   (6) The person named on the certificate.
   (7) Any person who has petitioned to adopt the person named on the
certificate of live birth, subject to Section 102705 of the Health
and Safety Code and Sections 9200 and 9203 of the Family Code.
   (b) The department shall maintain an accurate record of all
persons who are given access to the confidential portion of the
certificates. The record shall include: the name of the person
authorizing access; name, title, and organizational affiliation of
persons given access; dates of access; and specific purpose for which
information is to be used. The record of access shall be open to
public inspection during normal operating hours of the department.
   (c) All research proposed to be conducted using the confidential
medical and social information on the birth certificate or fetal
death certificate shall first be reviewed by the appropriate
committee constituted for the protection of human subjects that is
approved by the federal Department of Health and Human Services and
has a general assurance pursuant to Part 46 of Title 45 of the Code
of Federal Regulations. No information shall be released until the
request for information has been reviewed by the Vital Statistics
Advisory Committee and the committee has recommended to the State
Registrar that the information shall be released.
   (d) This section shall be repealed on January 1, 2016.
  SEC. 7.  Section 102430 is added to the Health and Safety Code, to
read:
   102430.  (a) The second section of the certificate of live birth
as specified in subdivision (b) of Section 102425, the electronic
file of birth information collected pursuant to subparagraphs (B) to
(F), inclusive, of paragraph (2) of subdivision (a) of Section
102426, the birth mother linkage collected pursuant to Section
102425.2, and the second section of the certificate of fetal death as
specified in Section 103025, shall be confidential. Access to the
confidential portion of any certificate of live birth or fetal death,
the electronic file of birth information collected pursuant to
subparagraphs (B) to (F), inclusive, of paragraph (2) of subdivision
(a) of Section 102426, and the birth mother linkage collected
pursuant to Section 102425.2 shall be limited to the following:
   (1) Department staff.
   (2) Local registrar's staff and local health department staff when
approved by the local registrar or local health officer,
respectively.
   (3) The county coroner.
   (4) Persons with a valid scientific interest as determined by the
State Registrar, who are engaged in demographic, epidemiological or
other similar studies related to health, and who agree to maintain
confidentiality as prescribed by this part and by regulation of the
State Registrar.
   (5) The parent who signed the certificate or, if no parent signed
the certificate, the mother.
   (6) The person named on the certificate.
   (7) Any person who has petitioned to adopt the person named on the
certificate of live birth, subject to Section 102705 of the Health
and Safety Code and Sections 9200 and 9203 of the Family Code.
   (b) (1) The department shall maintain an accurate record of all
persons who are given access to the confidential portion of the
certificates. The record shall include all of the following:
   (A) The name of the person authorizing access.
   (B) The name, title, and organizational affiliation of persons
given access.
   (C) The dates of access.
   (D) The specific purpose for which information is to be used.
   (2) The record of access shall be open to public inspection during
normal operating hours of the department.
   (c) All research proposed to be conducted using the confidential
medical and social information on the birth certificate or fetal
death certificate shall first be reviewed by the appropriate
committee constituted for the protection of human subjects that is
approved by the federal Department of Health and Human Services and
has a general assurance pursuant to Part 46 of Title 45 of the Code
of Federal Regulations. Information shall not be released until the
request for information has been reviewed by the Vital Statistics
Advisory Committee and the committee has recommended to the State
Registrar that the information shall be released.
   (d) This section shall become operative on January 1, 2016.