As Passed by the House

130th General Assembly Regular Session 2013-2014

H. B. No. 95

Representative Hill 

Cosponsors: Representatives Huffman, Adams, J., Buchy, Beck, Becker, Blair, Boose, Brown, Conditt, Derickson, Gonzales, Hood, Ruhl, Sprague, Stebelton, Terhar, Milkovich, Wachtmann, Antonio, Bishoff, Carney, Adams, R., Amstutz, Anielski, Baker, Barborak, Barnes, Blessing, Brenner, Burkley, Butler, Celebrezze, Cera, Curtin, Damschroder, DeVitis, Dovilla, Driehaus, Fedor, Foley, Green, Grossman, Hackett, Hagan, C., Hall, Hayes, Heard, Henne, Hottinger, Landis, Lynch, Mallory, McClain, O'Brien, Patmon, Patterson, Phillips, Pillich, Ramos, Reece, Retherford, Rogers, Rosenberger, Scherer, Schuring, Sears, Slaby, Smith, Stautberg, Stinziano, Sykes, Thompson, Winburn, Young Speaker Batchelder 

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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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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 of at least twenty weeks	23
of gestation that suffers a fetal death of at least twenty weeks	24
of gestation occurring in Ohio shall not be interred, deposited in	25
a vault or tomb, cremated, or otherwise disposed of by a funeral	26
director or other person until a fetal death certificate or	27
provisional death certificate has been filed with and a burial	28
permit is issued by the local registrar of vital statistics of the	29
registration district in which the fetal death occurs, or the body	30
is found.	31

A burial permit for the product of human conception that	32
suffers a fetal death prior to twenty weeks of gestation shall be	33
issued by the local registrar of vital statistics of the	34
registration district in which the fetal death occurs if either	35
parent files a fetal death certificate with that registrar.	36

(C)(1) The department of health and the local registrar shall	37
keep a separate record and index record of fetal death	38
certificates.	39

(2) The personal or statistical information on the fetal	40
death certificate shall be obtained by the funeral director or	41
other person in charge of interment or cremation from the best	42
qualified persons or sources available.	43

(D) When a burial permit is issued under division (B) of this	44
section for the product of human conception of at least twenty	45
weeks of gestation that suffers a fetal death, the local registrar	46
shall inform the parent or parents listed on the fetal death	47
certificate or provisional death certificate of the option of	48
applying for issuance of a certificate of birth resulting in	49
stillbirth under section 3705.23 of the Revised Code and the	50
process for filing the application.	51

Sec. 3705.23.  (A)(1) Except as otherwise provided in this	52
section, the director of health, the state registrar, or a local	53
registrar, on receipt of a signed application and the fee	54
specified in section 3705.24 of the Revised Code, shall issue a	55
certified copy of a vital record, or of a part of a vital record,	56
in the director's or registrar's custody to any applicant, unless	57
the vital record has ceased to be a public record pursuant to	58
section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code.	59
The certified copy shall show the date the vital record was	60
registered by the local registrar.	61

(2) A certified copy of a vital record may be made by a	62
mechanical, electronic, or other reproduction process. It shall be	63
certified as a true copy by the director, state registrar, or	64
local registrar who has custody of the record and shall include	65
the date of issuance, the name of the issuing officer, the	66
signature of the officer or an authorized facsimile of the	67
signature, and the seal of the issuing office.	68

(3) A certified copy of a vital record or of any part of a	69
vital record, issued in accordance with this section, shall be	70
considered for all purposes the same as the original and shall be	71
prima-facie evidence of the facts stated in it in all courts and	72
places.	73

(4)(a) Information contained in the "information for medical	74
and health use only" section of a birth record shall not be	75
included as part of a certified copy of the birth record unless	76
the information specifically is requested by the individual to	77
whose birth the record attests, either of the individual's parents	78
or the individual's guardian, a lineal descendant, or an official	79
of the federal or state government or of a political subdivision	80
of the state charged by law with detecting or prosecuting crime.	81

(b) Except as provided in division (A)(4)(a) of this section,	82
neither the office of vital statistics nor a local registrar shall	83
disclose information contained in the "information for medical and	84
health use only" section of a birth record unless a court, for	85
good cause shown, orders disclosure of the information or the	86
state registrar specifically authorizes release of the information	87
for statistical or research purposes under conditions the state	88
registrar, subject to the approval of the director of health,	89
shall establish by rule.	90

(B)(1) Unless the applicant specifically requests a certified	91
copy, the director, the state registrar, or a local registrar, on	92
receipt of a signed application for a birth record and the fee	93
specified in section 3705.24 of the Revised Code, may issue a	94
certification of birth, and the certification of birth shall	95
contain at least the name, sex, date of birth, registration date,	96
and place of birth of the person to whose birth the record attests	97
and shall attest that the person's birth has been registered. A	98
certification of birth shall be prima-facie evidence of the facts	99
stated in it in all courts and places.	100

(2) The director or the state registrar, on the receipt of a	101
signed application for an heirloom certification of birth and the	102
fee specified in section 3705.24 of the Revised Code, may issue an	103
heirloom certification of birth. The director shall prescribe by	104
rule guidelines for the form of an heirloom certification of	105
birth, and the guidelines shall require the heirloom certification	106
of birth to contain at least the name, sex, date of birth,	107
registration date, and place of birth of the person to whose birth	108
the record attests and to attest that the person's birth has been	109
registered. An heirloom certification of birth shall be	110
prima-facie evidence of the facts stated in it in all courts and	111
places.	112

(3)(a) The director or the state registrar, on the receipt of	113
an application signed by either parent, shall issue a certificate	114
recognizing the delivery of a stillborn infantof birth resulting	115
in stillbirth. The director shall prescribe guidelines by rule for	116
the form of the certificate. The guidelines shall require that the	117
certificate contain at least the name, sex, date of delivery, and	118
place of delivery. The director or the state registrar shall	119
charge no fee for the certificate. A certificate recognizing the	120
delivery of a stillborn infantof birth resulting in stillbirth is	121
not proof of a live birth for purposes of federal, state, and	122
local taxes.	123

(b) If a parent was previously issued a certificate	124
recognizing the delivery of a stillborn infant, the director or	125
the state registrar, on receipt of a written request signed by the	126
parent, shall reissue the certificate as a certificate of birth	127
resulting in stillbirth.	128

(C) On evidence that a birth certificate was registered	129
through misrepresentation or fraud, the state registrar may	130
withhold the issuance of a certified copy of the birth record or a	131
certification of birth until a court makes a determination that no	132
misrepresentation or fraud occurred.	133

Section 2.  That existing sections 3705.20 and 3705.23 of the	134
Revised Code are hereby repealed.	135