Bill Text: OH HB393 | 2011-2012 | 129th General Assembly | Introduced

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

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Bill Title: To rename certificates recognizing the delivery of a stillborn infant as certificates of birth resulting in stillbirth.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-12-18 - Introduced to Senate [HB393 Detail]

Download: Ohio-2011-HB393-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 393

Representative Yuko 

Cosponsors: Representatives Roegner, Letson, McClain, Antonio, Hagan, R. 

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A BILL

To amend sections 3705.20 and 3705.23 of the Revised

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Code to rename certificates recognizing the

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delivery of a stillborn infant as certificates of

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live birth resulting in stillbirth.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 3705.20 and 3705.23 of the Revised	5
Code be amended to read as follows;	6

Sec. 3705.20.  (A) The fetal death of the product of human	7
conception of at least twenty weeks of gestation shall be	8
registered on a fetal death certificate.	9

On application of either parent, the fetal death of the	10
product of human conception prior to twenty weeks of gestation	11
shall be registered on a fetal death certificate, except that the	12
fetal death certificate shall not list the cause of death.	13

The parent shall include with the application a copy of the	14
statement required by division (B)(1) of section 3727.16 or	15
division (B)(1) of section 4731.82 of the Revised Code. If the	16
father submits the application, he shall also include with it a	17
signed and notarized document from the mother attesting that she	18
voluntarily provided the father with a copy of the statement.	19

A fetal death certificate for the product of human conception	20
prior to twenty weeks gestation is not proof of a live birth for	21
purposes of federal, state, and local taxes.	22

(B) The product of human conception that suffers a fetal	23
death of at least twenty weeks of gestation occurring in Ohio	24
shall not be interred, deposited in a vault or tomb, cremated, or	25
otherwise disposed of by a funeral director or other person until	26
a fetal death certificate or provisional death certificate has	27
been filed with and a burial permit is issued by the local	28
registrar of vital statistics of the registration district in	29
which the fetal death occurs, or the body is found.	30

A burial permit for the product of human conception that	31
suffers a fetal death prior to twenty weeks of gestation shall be	32
issued by the local registrar of vital statistics of the	33
registration district in which the fetal death occurs if either	34
parent files a fetal death certificate with that registrar.	35

(C)(1) The department of health and the local registrar shall	36
keep a separate record and index record of fetal death	37
certificates.	38

(2) The personal or statistical information on the fetal	39
death certificate shall be obtained by the funeral director or	40
other person in charge of interment or cremation from the best	41
qualified persons or sources available.	42

(D) When a burial permit is issued under division (B) of this	43
section for the product of human conception that suffers a fetal	44
death of at least twenty weeks of gestation, the local registrar	45
shall inform the parent or parents listed on the fetal death	46
certificate or provisional death certificate of the option of	47
applying for issuance of a certificate of birth resulting in	48
stillbirth under section 3705.23 of the Revised Code and the	49
process for filing the application.	50

Sec. 3705.23.  (A)(1) Except as otherwise provided in this	51
section, the director of health, the state registrar, or a local	52
registrar, on receipt of a signed application and the fee	53
specified in section 3705.24 of the Revised Code, shall issue a	54
certified copy of a vital record, or of a part of a vital record,	55
in the director's or registrar's custody to any applicant, unless	56
the vital record has ceased to be a public record pursuant to	57
section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code.	58
The certified copy shall show the date the vital record was	59
registered by the local registrar.	60

(2) A certified copy of a vital record may be made by a	61
mechanical, electronic, or other reproduction process. It shall be	62
certified as a true copy by the director, state registrar, or	63
local registrar who has custody of the record and shall include	64
the date of issuance, the name of the issuing officer, the	65
signature of the officer or an authorized facsimile of the	66
signature, and the seal of the issuing office.	67

(3) A certified copy of a vital record or of any part of a	68
vital record, issued in accordance with this section, shall be	69
considered for all purposes the same as the original and shall be	70
prima-facie evidence of the facts stated in it in all courts and	71
places.	72

(4)(a) Information contained in the "information for medical	73
and health use only" section of a birth record shall not be	74
included as part of a certified copy of the birth record unless	75
the information specifically is requested by the individual to	76
whose birth the record attests, either of the individual's parents	77
or the individual's guardian, a lineal descendant, or an official	78
of the federal or state government or of a political subdivision	79
of the state charged by law with detecting or prosecuting crime.	80

(b) Except as provided in division (A)(4)(a) of this section,	81
neither the office of vital statistics nor a local registrar shall	82
disclose information contained in the "information for medical and	83
health use only" section of a birth record unless a court, for	84
good cause shown, orders disclosure of the information or the	85
state registrar specifically authorizes release of the information	86
for statistical or research purposes under conditions the state	87
registrar, subject to the approval of the director of health,	88
shall establish by rule.	89

(B)(1) Unless the applicant specifically requests a certified	90
copy, the director, the state registrar, or a local registrar, on	91
receipt of a signed application for a birth record and the fee	92
specified in section 3705.24 of the Revised Code, may issue a	93
certification of birth, and the certification of birth shall	94
contain at least the name, sex, date of birth, registration date,	95
and place of birth of the person to whose birth the record attests	96
and shall attest that the person's birth has been registered. A	97
certification of birth shall be prima-facie evidence of the facts	98
stated in it in all courts and places.	99

(2) The director or the state registrar, on the receipt of a	100
signed application for an heirloom certification of birth and the	101
fee specified in section 3705.24 of the Revised Code, may issue an	102
heirloom certification of birth. The director shall prescribe by	103
rule guidelines for the form of an heirloom certification of	104
birth, and the guidelines shall require the heirloom certification	105
of birth to contain at least the name, sex, date of birth,	106
registration date, and place of birth of the person to whose birth	107
the record attests and to attest that the person's birth has been	108
registered. An heirloom certification of birth shall be	109
prima-facie evidence of the facts stated in it in all courts and	110
places.	111

(3)(a) The director or the state registrar, on the receipt of	112
an application signed by either parent, shall issue a certificate	113
recognizing the delivery of a stillborn infantof birth resulting	114
in stillbirth. The director shall prescribe guidelines by rule for	115
the form of the certificate. The guidelines shall require that the	116
certificate contain at least the name, sex, date of delivery, and	117
place of delivery. The director or the state registrar shall	118
charge no fee for the certificate. A certificate recognizing the	119
delivery of a stillborn infantof birth resulting in stillbirth is	120
not proof of a live birth for purposes of federal, state, and	121
local taxes.	122

(b) If a parent was previously issued a certificate	123
recognizing the delivery of a stillborn infant, the director or	124
the state registrar, on receipt of a written request signed by the	125
parent, shall reissue the certificate as a certificate of birth	126
resulting in stillbirth.	127

(C) On evidence that a birth certificate was registered	128
through misrepresentation or fraud, the state registrar may	129
withhold the issuance of a certified copy of the birth record or a	130
certification of birth until a court makes a determination that no	131
misrepresentation or fraud occurred.	132

Section 2.  That existing sections 3705.20 and 3705.23 of the	133
Revised Code are hereby repealed.	134