Florida Senate - 2017 SB 672 By Senator Bean 4-00514A-17 2017672__ 1 A bill to be entitled 2 An act relating to certificates of nonviable birth; 3 creating the “Grieving Families Act”; amending s. 4 382.002, F.S.; providing a definition; amending s. 5 382.008, F.S.; authorizing the State Registrar of the 6 Office of Vital Statistics of the Department of Health 7 to electronically receive a certificate of nonviable 8 birth; requiring certain health care practitioners and 9 health care facilities to electronically file a 10 registration of nonviable birth within a specified 11 timeframe; amending s. 382.0085, F.S.; conforming a 12 cross-reference; creating s. 382.0086, F.S.; requiring 13 the Department of Health to issue a certificate of 14 nonviable birth within a specified timeframe upon the 15 request of a parent; requiring the person registering 16 the nonviable birth to advise the parent that a 17 certificate of nonviable birth is available and that 18 the certificate of nonviable birth is a public record; 19 requiring the request for a certificate of nonviable 20 birth to be on a form prescribed by the department and 21 to include certain information; providing requirements 22 for the certificate of nonviable birth; authorizing a 23 parent to request a certificate of nonviable birth 24 regardless of the date on which the nonviable birth 25 occurred; designating the refusal to issue a 26 certificate of nonviable birth to certain persons as 27 final agency action that is not subject to 28 administrative review; prohibiting the use of 29 certificates of nonviable birth to calculate live 30 birth statistics; prohibiting specified provisions 31 from being used in certain civil actions; authorizing 32 the department to adopt rules; amending s. 382.0255, 33 F.S.; authorizing the department to collect fees for 34 processing and filing a new certificate of nonviable 35 birth; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. This act may be cited as the “Grieving Families 40 Act.” 41 Section 2. Subsections (14) through (18) of section 42 382.002, Florida Statutes, are renumbered as subsections (15) 43 through (19), respectively, and a new subsection (14) is added 44 to that section, to read: 45 382.002 Definitions.—As used in this chapter, the term: 46 (14) “Nonviable birth” means an unintentional, spontaneous 47 fetal demise occurring after the completion of the 9th week of 48 gestation but prior to the 20th week of gestation of a pregnancy 49 that has been verified by a health care practitioner. 50 Section 3. Section 382.008, Florida Statutes, is amended to 51 read: 52 382.008 Death,
andfetal death, and nonviable birth 53 registration.— 54 (1) A certificate for each death and fetal death which 55 occurs in this state shall be filed electronically on the 56 department electronic death registration system or on a form 57 prescribed by the department with the department or local 58 registrar of the district in which the death occurred within 5 59 days after such death and prior to final disposition, and shall 60 be registered by the department if it has been completed and 61 filed in accordance with this chapter or adopted rules. The 62 certificate shall include the decedent’s social security number, 63 if available. In addition, each certificate of death or fetal 64 death: 65 (a) If requested by the informant, shall include aliases or 66 “also known as” (AKA) names of a decedent in addition to the 67 decedent’s name of record. Aliases shall be entered on the face 68 of the death certificate in the space provided for name if there 69 is sufficient space; 70 (b) If the place of death is unknown, shall be registered 71 in the registration district in which the dead body or fetus is 72 found within 5 days after such occurrence; and 73 (c) If death occurs in a moving conveyance, shall be 74 registered in the registration district in which the dead body 75 was first removed from such conveyance. 76 (2)(a) The funeral director who first assumes custody of a 77 dead body or fetus shall file the certificate of death or fetal 78 death. In the absence of the funeral director, the physician or 79 other person in attendance at or after the death or the district 80 medical examiner of the county in which the death occurred or 81 the body was found shall file the certificate of death or fetal 82 death. The person who files the certificate shall obtain 83 personal data from a legally authorized person as described in 84 s. 497.005 or the best qualified person or source available. The 85 medical certification of cause of death shall be furnished to 86 the funeral director, either in person or via certified mail or 87 electronic transfer, by the physician or medical examiner 88 responsible for furnishing such information. For fetal deaths, 89 the physician, midwife, or hospital administrator shall provide 90 any medical or health information to the funeral director within 91 72 hours after expulsion or extraction. 92 (b) The State Registrar may receive electronically a 93 certificate of death, orfetal death, or nonviable birth which 94 is required to be filed with the registrar under this chapter 95 through facsimile or other electronic transfer for the purpose 96 of filing the certificate. The receipt of a certificate of 97 death, orfetal death, or nonviable birth by electronic transfer 98 constitutes delivery to the State Registrar as required by law. 99 (3) Within 72 hours after receipt of a death or fetal death 100 certificate from the funeral director, the medical certification 101 of cause of death shall be completed and made available to the 102 funeral director by the decedent’s primary or attending 103 physician or, if s. 382.011 applies, the district medical 104 examiner of the county in which the death occurred or the body 105 was found. The primary or attending physician or medical 106 examiner shall certify over his or her signature the cause of 107 death to the best of his or her knowledge and belief. As used in 108 this section, the term “primary or attending physician” means a 109 physician who treated the decedent through examination, medical 110 advice, or medication during the 12 months preceding the date of 111 death. 112 (a) The department may grant the funeral director an 113 extension of time upon a good and sufficient showing of any of 114 the following conditions: 115 1. An autopsy is pending. 116 2. Toxicology, laboratory, or other diagnostic reports have 117 not been completed. 118 3. The identity of the decedent is unknown and further 119 investigation or identification is required. 120 (b) If the decedent’s primary or attending physician or 121 district medical examiner of the county in which the death 122 occurred or the body was found indicates that he or she will 123 sign and complete the medical certification of cause of death 124 but will not be available until after the 5-day registration 125 deadline, the local registrar may grant an extension of 5 days. 126 If a further extension is required, the funeral director must 127 provide written justification to the registrar. 128 (4) If the department or local registrar grants an 129 extension of time to provide the medical certification of cause 130 of death, the funeral director shall file a temporary 131 certificate of death or fetal death which shall contain all 132 available information, including the fact that the cause of 133 death is pending. The decedent’s primary or attending physician 134 or the district medical examiner of the county in which the 135 death occurred or the body was found shall provide an estimated 136 date for completion of the permanent certificate. 137 (5) A permanent certificate of death or fetal death, 138 containing the cause of death and any other information that was 139 previously unavailable, shall be registered as a replacement for 140 the temporary certificate. The permanent certificate may also 141 include corrected information if the items being corrected are 142 noted on the back of the certificate and dated and signed by the 143 funeral director, physician, or district medical examiner of the 144 county in which the death occurred or the body was found, as 145 appropriate. 146 (6) The original certificate of death or fetal death shall 147 contain all the information required by the department for 148 legal, social, and health research purposes. All information 149 relating to cause of death in all death and fetal death records 150 and the parentage, marital status, and medical information 151 included in all fetal death records of this state are 152 confidential and exempt from the provisions of s. 119.07(1), 153 except for health research purposes as approved by the 154 department; nor may copies of the same be issued except as 155 provided in s. 382.025. 156 (7) Upon the request of a parent who experiences a 157 nonviable birth, a health care practitioner licensed pursuant to 158 chapter 464 or chapter 467 who attends or diagnoses a nonviable 159 birth, or a health care facility licensed pursuant to chapter 160 383 or chapter 395 at which a nonviable birth occurs, shall 161 electronically file a registration of nonviable birth on the 162 department electronic death registration system or on a form 163 prescribed by the department with the department or local 164 registrar of the district in which the nonviable birth occurred 165 within 30 days after receipt of such request and shall be 166 registered with the department if it has been completed and 167 filed in accordance with this chapter or adopted rules. 168 Section 4. Subsection (9) of section 382.0085, Florida 169 Statutes, is amended to read: 170 382.0085 Stillbirth registration.— 171 (9) This section or s. 382.002(17) 382.002(16)may not be 172 used to establish, bring, or support a civil cause of action 173 seeking damages against any person or entity for bodily injury, 174 personal injury, or wrongful death for a stillbirth. 175 Section 5. Section 382.0086, Florida Statutes, is created 176 to read: 177 382.0086 Certificate of nonviable birth.— 178 (1) For any nonviable birth occurring in this state, the 179 department shall issue a certificate of nonviable birth within 180 60 days upon the request of a parent named on the registration 181 of nonviable birth. 182 (2) The person who is required to register a nonviable 183 birth under this chapter shall advise a parent who experiences a 184 nonviable birth: 185 (a) That the parent may request the preparation of a 186 certificate of nonviable birth. 187 (b) That the parent may obtain a certificate of nonviable 188 birth by contacting the Office of Vital Statistics. 189 (c) How the parent may contact the Office of Vital 190 Statistics to request a certificate of nonviable birth. 191 (d) That a copy of the original certificate of nonviable 192 birth is available as a public record when held by an agency as 193 defined in s. 119.011(2). 194 (3) The request for a certificate of nonviable birth must 195 be on a form prescribed by department rule and include the date 196 of the nonviable birth and the county in which the nonviable 197 birth occurred. 198 (4) The certificate of nonviable birth must contain all of 199 the following: 200 (a) The date of the nonviable birth. 201 (b) The county in which the nonviable birth occurred. 202 (c) The name of the fetus, as provided on the registration 203 of nonviable birth pursuant to s. 382.008. If a name does not 204 appear on the original or amended registration of nonviable 205 birth and the requesting parent does not wish to provide a name, 206 the Office of Vital Statistics shall fill in the certificate of 207 nonviable birth with the name “baby boy” or “baby girl” and the 208 last name of the parents as provided in s. 382.013(3). If the 209 sex of the child is unknown, the Office of Vital Statistics 210 shall fill in the certificate of nonviable birth with the name 211 “baby” and the last name of the parents as provided in s. 212 382.013(3). 213 (d) The following statement, which must appear on the front 214 of the certificate: “This certificate is not proof of a live 215 birth.” 216 (5) A certificate of nonviable birth shall be a public 217 record when held by an agency as defined in s. 119.011(2). The 218 Office of Vital Statistics must inform any parent who requests a 219 certificate of nonviable birth that a copy of the original 220 certificate of nonviable birth is available as a public record. 221 (6) A parent may request that the Office of Vital 222 Statistics issue a certificate of nonviable birth regardless of 223 the date on which the nonviable birth occurred. 224 (7) It is final agency action, not subject to review under 225 chapter 120, for the Office of Vital Statistics to refuse to 226 issue a certificate of nonviable birth to a person who is not a 227 parent named on the nonviable birth registration. 228 (8) The Office of Vital Statistics may not use a 229 certificate of nonviable birth in the calculation of live birth 230 statistics. 231 (9) This section or s. 382.002(14) may not be used as a 232 basis to establish, bring, or support a civil cause of action 233 seeking damages against any person or entity for bodily injury, 234 personal injury, or wrongful death for a nonviable birth. 235 (10) The department shall prescribe by rule the form, 236 content, and process for issuance of a certificate of nonviable 237 birth. 238 Section 6. Paragraph (k) is added to subsection (1) of 239 section 382.0255, Florida Statutes, to read: 240 382.0255 Fees.— 241 (1) The department is entitled to fees, as follows: 242 (k) Not less than $3 or more than $5 for processing and 243 filing a new certificate of nonviable birth pursuant to s. 244 382.0086. 245 Section 7. This act shall take effect July 1, 2017.