Relating to a certificate of nonviable birth

This bill relates to a certificate of nonviable birth.31A. Under the bill, a “nonviable birth” means an unintentional, spontaneous fetal demise occurring after demonstration of a doppler-detected heartbeat and prior to the twentieth week of gestation during a pregnancy that has been verified by a health care provider. The bill provides that a health care provider who attends or diagnoses a nonviable birth or a hospital at which a nonviable birth occurs shall advise a patient who experiences a nonviable birth that the patient may request a certificate of nonviable birth and, upon request by the patient, shall provide a letter certifying the nonviable birth to the patient. The bill authorizes the department of public health (DPH) to prescribe by administrative rule the form and content of a request and the process for requesting a certificate of nonviable birth. DPH shall issue a certificate within days of receipt of a request by the patient and submission of the certification letter. DPH shall adopt administrative rules to prescribe the form and content of and the fee for the preparation of a certificate. The fee shall not exceed the actual cost of preparation of the certificate.” Fees collected are to be deposited in the general fund of the state and the vital records fund. A certificate of nonviable birth shall not be required to be filed or registered; DPH shall not register the nonviable birth associated with a certificate or use the nonviable birth in calculating live birth statistics; and a certificate of nonviable birth shall not be used to establish, bring, or support a civil cause of action seeking damages against any person for bodily injury, personal injury, or wrongful death for a nonviable birth. The bill applies to, and a certificate of nonviable birth may be requested and issued only for, nonviable births occurring on or after July 1, 2021.