HB 0439CS

CHAMBER ACTION



1The Health Care Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to certificates of birth and death;
8amending s. 382.002, F.S.; providing definitions; amending
9s. 382.008, F.S.; authorizing the State Registrar of the
10Office of Vital Statistics of the Department of Health to
11receive electronically the certificate of death or fetal
12death which is required to be filed with the local
13registrar; creating s. 382.0085, F.S.; requiring the
14Department of Health to issue a certificate of birth
15resulting in stillbirth upon request of a specified
16parent; requiring that the person required to file the
17fetal death certificate advise a parent of a stillborn
18child about the availability of a certificate of birth
19resulting in stillbirth; requiring that the person
20required to file the fetal death certificate inform a
21parent of a stillborn child that copies of the birth
22certificate resulting in stillbirth may be available as a
23public record; requiring the form prescribed by the
24department by rule to contain specified information;
25designating the certificate of birth resulting in
26stillbirth as a public record; authorizing a parent to
27request a certificate of birth resulting in stillbirth
28without regard to the date on which the certificate of
29fetal death was issued; designating the refusal to issue a
30certificate of birth resulting in stillbirth to certain
31persons as final agency action not subject to
32administrative review; prohibiting the use of certificates
33of birth resulting in stillbirth to calculate live birth
34statistics; requiring rulemaking by the department for the
35certificate of birth resulting in stillbirth; prohibiting
36specified provisions of law from being used in certain
37civil actions; amending s. 382.013, F.S.; authorizing the
38State Registrar of the Office of Vital Statistics of the
39Department of Health to receive electronically the birth
40certificate for each live birth that is required to be
41filed with the local registrar; amending s. 382.0255,
42F.S.; authorizing the Department of Health to collect fees
43for a certificate of birth resulting in stillbirth;
44providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Section 382.002, Florida Statutes, is amended
49to read:
50     382.002  Definitions.--As used in this chapter, the term:
51     (1)  "Certificate of birth resulting in stillbirth" means a
52certificate issued to record the birth of a stillborn child.
53     (2)(1)  "Certification" or "certified" means a document
54containing all or a part of the exact information contained on
55the original vital record, and which, when issued by the State
56Registrar, has the full force and effect of the original vital
57record.
58     (3)(2)  "Dead body" means a human body or such parts of a
59human body from the condition of which it reasonably may be
60concluded that death recently occurred.
61     (4)(3)  "Department" means the Department of Health.
62     (5)(4)  "Dissolution of marriage" includes an annulment of
63marriage.
64     (6)(5)  "Fetal death" means death prior to the complete
65expulsion or extraction of a product of human conception from
66its mother if the 20th week of gestation has been reached and
67the death is indicated by the fact that after such expulsion or
68extraction the fetus does not breathe or show any other evidence
69of life such as beating of the heart, pulsation of the umbilical
70cord, or definite movement of voluntary muscles.
71     (7)(6)  "Final disposition" means the burial, interment,
72cremation, removal from the state, or other authorized
73disposition of a dead body or a fetus as described in subsection
74(6) (5). In the case of cremation, dispersion of ashes or
75cremation residue is considered to occur after final
76disposition; the cremation itself is considered final
77disposition.
78     (8)(7)  "Funeral director" means a licensed funeral
79director or direct disposer licensed pursuant to chapter 497 or
80other person who first assumes custody of or effects the final
81disposition of a dead body or a fetus as described in subsection
82(6) (5).
83     (9)(8)  "Legal age" means a person who is not a minor, or a
84minor who has had the disability of nonage removed as provided
85under chapter 743.
86     (10)(9)  "Live birth" means the complete expulsion or
87extraction of a product of human conception from its mother,
88irrespective of the duration of pregnancy, which, after such
89expulsion, breathes or shows any other evidence of life such as
90beating of the heart, pulsation of the umbilical cord, and
91definite movement of the voluntary muscles, whether or not the
92umbilical cord has been cut or the placenta is attached.
93     (11)(10)  "Medical examiner" means a person appointed
94pursuant to chapter 406.
95     (12)(11)  "Physician" means a person authorized to practice
96medicine, osteopathic medicine, or chiropractic medicine
97pursuant to chapter 458, chapter 459, or chapter 460.
98     (13)(12)  "Registrant" means the child entered on a birth
99certificate, the deceased entered on a death certificate, and
100the husband or wife entered on a marriage or dissolution of
101marriage record.
102     (14)  "Stillbirth" means an unintended, intrauterine fetal
103death after a gestational age of not less than 20 completed
104weeks.
105     (15)(13)  "Vital records" or "records" means certificates
106or reports of birth, death, fetal death, marriage, dissolution
107of marriage, name change filed pursuant to s. 68.07, and data
108related thereto.
109     (16)(14)  "Vital statistics" means a system of
110registration, collection, preservation, amendment, and
111certification of vital records, the collection of other reports
112required by this act, and activities related thereto, including
113the tabulation, analysis, and publication of data obtained from
114vital records.
115     Section 2.  Subsection (2) of section 382.008, Florida
116Statutes, is amended to read:
117     382.008  Death and fetal death registration.--
118     (2)(a)  The funeral director who first assumes custody of a
119dead body or fetus shall file the certificate of death or fetal
120death. In the absence of the funeral director, the physician or
121other person in attendance at or after the death shall file the
122certificate of death or fetal death. The person who files the
123certificate shall obtain personal data from the next of kin or
124the best qualified person or source available. The medical
125certification of cause of death shall be furnished to the
126funeral director, either in person or via certified mail, by the
127physician or medical examiner responsible for furnishing such
128information. For fetal deaths, the physician, midwife, or
129hospital administrator shall provide any medical or health
130information to the funeral director within 72 hours after
131expulsion or extraction.
132     (b)  The State Registrar may receive electronically a
133certificate of death or fetal death which is required to be
134filed with the local registrar under this chapter through
135facsimile or other electronic transfer for the purpose of filing
136the certificate. The receipt of a certificate of death or fetal
137death by electronic transfer constitutes delivery to the State
138Registrar as required by law.
139     Section 3.  Section 382.0085, Florida Statutes, is created
140to read:
141     382.0085  Stillbirth registration.--
142     (1)  For any stillborn child in this state, the department
143shall issue a certificate of birth resulting in stillbirth
144within 60 days after a parent named on a fetal death certificate
145submits a request for a certificate of birth resulting in
146stillbirth.
147     (2)  The person who is required to file a fetal death
148certificate under this chapter shall advise the parent of a
149stillborn child:
150     (a)  That the parent may request the preparation of a
151certificate of birth resulting in stillbirth in addition to the
152fetal death certificate.
153     (b)  That the parent may obtain a certificate of birth
154resulting in stillbirth by contacting the Office of Vital
155Statistics.
156     (c)  How the parent may contact the Office of Vital
157Statistics to request a certificate of birth resulting in
158stillbirth.
159     (d)  That a copy of the original certificate of birth
160resulting in stillbirth is a document that is available as a
161public record when held by an agency as defined under s.
162119.011(2).
163     (3)  The request for a certificate of birth resulting in
164stillbirth shall be on a form prescribed by the department by
165rule and must include the date of the stillbirth and the county
166in which the stillbirth occurred. The request form shall include
167a space for the parent requesting the certificate of birth
168resulting in stillbirth to fill in the state file number of the
169corresponding certificate of fetal death pursuant to s. 382.008,
170if known.
171     (4)  The certificate of birth resulting in stillbirth shall
172contain:
173     (a)  The date of the stillbirth.
174     (b)  The county in which the stillbirth occurred.
175     (c)  The name of the stillborn child as provided on the
176original or amended certificate of fetal death pursuant to s.
177382.008. If a name does not appear on the original or amended
178certificate of fetal death and the requesting parent does not
179wish to provide a name, the Office of Vital Statistics shall
180fill in the certificate of birth resulting in stillbirth with
181the name "baby boy" or "baby girl" and the last name of the
182parents as provided in s. 382.013(3).
183     (d)  The state file number of the corresponding certificate
184of fetal death.
185     (e)  The following statement: "This certificate is not
186proof of live birth."
187     (5)  A certificate of birth resulting in stillbirth shall
188be a public record when held by an agency as defined under s.
189119.011(2). The Office of Vital Statistics must inform any
190parent who requests a certificate of birth resulting in
191stillbirth that a copy of the document is available as a public
192record.
193     (6)  A parent may request that the Office of Vital
194Statistics issue a certificate of birth resulting in stillbirth
195regardless of the date on which the certificate of fetal death
196was issued.
197     (7)  It is final agency action, not subject to review under
198chapter 120, for the Office of Vital Statistics to refuse to
199issue a certificate to a person who is not a parent named on the
200fetal death certificate and who is not entitled to a certificate
201of birth resulting in stillbirth.
202     (8)  The Office of Vital Statistics may not use a
203certificate of birth resulting in stillbirth to calculate live
204birth statistics.
205     (9)  The department shall prescribe by rules adopted
206pursuant to ss. 120.536(1) and 120.54, the form and content of
207and process for issuing the certificate of birth resulting in
208stillbirth.
209     (10)  Nothing in this section or s. 382.002(14) may be used
210to establish, bring, or support a civil cause of action seeking
211damages against any person or entity for bodily injury, personal
212injury, or wrongful death for a stillbirth.
213     Section 4.  Paragraph (h) is added to subsection (1) of
214section 382.013, Florida Statutes, to read:
215     382.013  Birth registration.--A certificate for each live
216birth that occurs in this state shall be filed within 5 days
217after such birth with the local registrar of the district in
218which the birth occurred and shall be registered by the local
219registrar if the certificate has been completed and filed in
220accordance with this chapter and adopted rules. The information
221regarding registered births shall be used for comparison with
222information in the state case registry, as defined in chapter
22361.
224     (1)  FILING.--
225     (h)  The State Registrar may receive electronically a birth
226certificate for each live birth which is required to be filed
227with the local registrar under this chapter through facsimile or
228other electronic transfer for the purpose of filing the birth
229certificate. The receipt of a birth certificate by electronic
230transfer constitutes delivery to the State Registrar as required
231by law.
232     Section 5.  Paragraph (j) is added to subsection (1) of
233section 382.0255, Florida Statutes, to read:
234     382.0255  Fees.--
235     (1)  The department is entitled to fees, as follows:
236     (j)  Not less than $3 or more than $5 for processing and
237filing a new certificate of birth resulting in stillbirth
238pursuant to s. 382.0085.
239     Section 6.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.