Introduced Version
Senate Bill 16 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 16
(By Senators Green and Miller)
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[Introduced; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact §16-5-21 of the Code of West Virginia,
1931, as amended, relating to fetal death reporting;
permitting a birth certificate to be issued upon the death of
a human embryo or fetus; setting forth what a certificate of
birth resulting in stillbirth is to contain; establishing when
a human being is live born; requiring a fetal death
certificate be issued; defining terms; authorizing rulemaking;
and creating the Grieving Parents Act.
Be it enacted by the Legislature of West Virginia:
That §16-5-21 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. VITAL STATISTICS.
§16-5-21. Reports of fetal death; spontaneous fetal death or
stillbirth, and induced termination of pregnancy resulting in live birth; accommodation for grieving
parents.
(a) Each fetal death of three hundred fifty grams or more and
if weight is unknown, of twenty completed weeks of gestation or
more, calculated from the date the last normal menstrual period
began to the date of delivery, which occurs in this state, shall be
reported within five days after delivery to the section of Vital
Statistics or as otherwise directed by the State Registrar.
(1) When a fetal death occurs, the person in charge of the
institution or his or her designated representative shall prepare
and file the report. In obtaining the information required by the
report, all institutions shall use information gathering
procedures, including worksheets, provided or approved by the State
Registrar.
(2) When a fetal death occurs, the physician in attendance at
or immediately after delivery shall prepare and file the report.
(3) When inquiry is required pursuant to article twelve,
chapter sixty-one, or other applicable provisions of this code, the
State Medical Examiner or designee or county medical examiner or
county coroner shall investigate the cause of fetal death and shall
prepare and file the report within five days. If after
investigation, the State Medical Examiner or designee or county
medical examiner or county coroner decline jurisdiction, the person declining jurisdiction may direct the local health officer to
investigate the cause of fetal death and prepare and file the
report.
(4) When a fetal death occurs in a moving conveyance and the
fetus is first removed from the conveyance in this state, the place
where the fetus was first removed from the conveyance will be is
considered the place of fetal death.
(b) When a fetus is found in this state and the place of death
is unknown, the fetal death shall be recorded in this state, and
the place where the fetus was found will be is considered the place
of fetal death.
(c) Upon the occurrence of any spontaneous fetal death or
stillbirth and upon application of either parent, or their legal
designee, the death of a human embryo or fetus regardless of
gestational age or weight may be registered on a certificate of
birth resulting in stillbirth, except that the certificate of birth
resulting in stillbirth may not list the cause of death.
_____(d) For purposes of this section "spontaneous fetal death" or
"stillbirth" means the expulsion or extraction from its mother of
human embryo or fetus resulting in other than a live birth and when
the expulsion or extraction is not the result of an induced
termination of pregnancy.
_____(e) In preparing the certificate of birth resulting in stillbirth, the State Registrar shall, within sixty days of a
request by a parent, as provided in section (c) of this section,
issue a fetal death certificate of birth resulting in stillbirth.
_____(f) The person who is required to file a fetal death
certificate shall advise the parent of a stillborn child:
_____(1) That the parent may request the preparation of a
certificate of birth resulting in stillbirth in addition to the
fetal death certificate;
_____(2) That the parent may obtain a certificate of birth
resulting in stillbirth by contacting the State Office of Vital
Records;
_____(3) How the parent may contact the State Office of Vital
Records to request a certificate of birth resulting in stillbirth;
and
_____(4) That a copy of the original certificate of birth resulting
in stillbirth is a document that is available as a vital record
when held by the State Registrar system.
_____(g) The request for a certificate of birth resulting in
stillbirth shall be on a form prescribed by the State Registrar.
_____(h) The certificate of birth resulting in stillbirth shall
contain:
_____(1) The date of the stillbirth;
_____(2) The county in which the stillbirth occurred;
_____(3) The name of the stillborn child as provided on the
original or amended certificate of the fetal death certificate. If
a name does not appear on the original or amended fetal death
certificate and the requesting parent does not wish to provide a
name, the State Office of Vital Records shall fill in the
certificate of birth resulting in stillbirth with the name "baby
boy" or "baby girl" and the last name of the parents;
_____(4) The state file number of the corresponding fetal death
certificate; and
_____(5) The following statement: "This certificate is not proof of
live birth."
_____(I) The certificate of birth resulting in stillbirth shall
also contain:
_____(1) Gender;
_____(2) Place of delivery;
_____(3) Residence of mother;
_____(4) The attendant at delivery;
_____(5) Gestational age at delivery;
_____(6) Weight at delivery;
_____(7) Mother's name;
_____(8) Father's name;
_____(9) Time of delivery; and
_____(10) Type of delivery, including, but not limited, to single, twin or triplet.
_____(j) A certificate of birth resulting in stillbirth is a vital
record when held by the State Registrar System. The State
Registrar shall inform any parent who requests a certificate of
birth resulting in stillbirth that a copy of the document is
available as a vital record.
_____(k) A parent may request that the State Registrar issue a
certificate of birth resulting in stillbirth regardless of the date
on which the certificate of fetal death was issued.
_____(1) The State Registrar may not use a certificate of birth
resulting in stillbirth to calculate live birth statistics.
_____(m) This section may not be used to establish, bring or
support a civil cause of action seeking damages against any person
or entity for bodily injury, personal injury or wrongful death for
a stillbirth.
_____(n) The State Registrar shall prescribe by rules the form,
content and process for the certificate of birth resulting in
stillbirth.
_____(o) When inquiry is required pursuant to article twelve, State
Medical Examiner or designee or county medical examiner or county
coroner shall investigate the cause of fetal death and shall
prepare and file the report within five days. If after
investigation, the State Medical Examiner or designee or county medical examiner or county coroner decline jurisdiction, the person
declining jurisdiction may direct the local health officer to
investigate the cause of fetal death and prepare and file the
report.
_____(p) (1) Whenever an induced termination of pregnancy procedure
results in a live birth, a birth certificate shall be issued
certifying the birth of the born human being, even though the human
being may thereafter die. For the purposes of this section, a human
being is live born, or there is a live birth, whenever there is the
complete expulsion or extraction from its mother of a human embryo
or fetus, irrespective of the duration of pregnancy, which after
the separation, breathes or shows any other evidence of life, such
as beating of the heart, pulsation of the umbilical cord, or
movement of the voluntary muscles, whether or not the umbilical
cord has been cut or the placenta is attached. In the event death
does ensue after a short time, a death certificate shall be issued.
Both the birth and the death certificates shall be issued in
accordance with this chapter, or other applicable provisions of
this code, or by rule promulgated by the State Registrar.
_____(2) Each induced termination of pregnancy which occurs in this
state shall be reported to the vital records registry in accordance
with section twenty-two, article five, chapter sixteen of this
code.
NOTE: The purpose of this bill is to reform the vital
statistics procedures related to fetal death, spontaneous fetal
death (stillbirth), and induced termination of pregnancy resulting
in live birth. The bill permits a birth certificate to be issued
upon the death of a human embryo or fetus. The bill sets forth what
a certificate of birth resulting in stillbirth is to contain. The
bill establishes when a human being is live born. The bill requires
a fetal death certificate be issued. The bill defines terms. The
bill authorizes rule-making. The bill may be referred to as "The
Grieving Parents Act" or "Bobby's Law."
Strike-throughs indicate language that would be stricken from
0the present law, and underscoring indicates new language that
would be added.