Bill Text: OH HB393 | 2011-2012 | 129th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
As Reported by the House Health and Aging Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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-Comm_Sub.html
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Representative Yuko
Cosponsors:
Representatives Roegner, Letson, McClain, Antonio, Hagan, R.
To amend sections 3705.20 and 3705.23 of the Revised | 1 |
Code to rename certificates recognizing the | 2 |
delivery of a stillborn infant as certificates of | 3 |
birth resulting in stillbirth. | 4 |
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 | 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 | 112 |
an application signed by either parent, shall issue a certificate | 113 |
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 | 119 |
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 |