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S1329.................................................by HEALTH AND WELFARE
VITAL STATISTICS - Amends existing law to provide that, for vital
statistics law purposes, stillbirth shall be defined as a spontaneous fetal
death of twenty completed weeks gestation or more based on a clinical
estimate of gestation rather than being calculated from the beginning date
of the last normal menstrual period to the date of delivery.
01/25 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Health/Wel
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Darrington, Hawkins
Floor Sponsor - King-Barrutia
Title apvd - to House
02/11 House intro - 1st rdg - to Health/Wel
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 58-0-12
AYES -- Aikele, Barraclough, Barrett, Bell, Black, Block, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Cuddy, Deal,
Denney, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Harwood, Henbest, Hornbeck, Jaquet, Kellogg(Duncan),
Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague,
Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd,
Smith(33), Smylie, Stevenson, Stone, Tilman, Wheeler
NAYS -- None
Absent and excused -- Bedke, Bieter, Crow, Ellis, Higgins, Jones,
Roberts, Smith(23), Trail, Wood, Young, Mr. Speaker
Floor Sponsor - Block
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/26 Governor signed
Session Law Chapter 277
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1329
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO VITAL STATISTICS; AMENDING SECTION 39-241, IDAHO CODE, TO REVISE
3 THE DEFINITION OF STILLBIRTH AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND-
4 ING SECTION 39-260, IDAHO CODE, TO PROVIDE THAT STILLBIRTHS SHALL BE
5 DEFINED AS A SPONTANEOUS FETAL DEATH OF TWENTY COMPLETED WEEKS GESTATION
6 OR MORE BASED ON A CLINICAL ESTIMATE OF GESTATION AND TO MAKE A TECHNICAL
7 CORRECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 39-241, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-241. DEFINITIONS. For the purposes of this chapter and this chapter
12 only, the following terms shall be construed to have the meanings hereinafter
13 set forth:
14 (a) "Vital statistics" includes the registration, preparation, transcrip-
15 tion, collection, compilation and preservation of data pertaining to births,
16 adoptions, legitimations, deaths, stillbirths, induced terminations of preg-
17 nancy, marital status and data incidental thereto.
18 (b) "Live birth" means the complete expulsion or extraction from its
19 mother of a product of human conception, irrespective of the duration of preg-
20 nancy, which, after such expulsion or extraction, breaths breathes, or shows
21 any other evidence of life such as beating of the heart, pulsation of the
22 umbilical cord, or definite movement of voluntary muscles, whether or not the
23 umbilical cord has been cut or the placenta is attached.
24 (c) "Fetal death" means death prior to the complete expulsion or extrac-
25 tion from its mother of a product of human conception, irrespective of the
26 duration of pregnancy; the death is indicated by the fact that after such
27 expulsion or extraction, the fetus does not breathe or show any other evidence
28 of life such as beating of the heart, pulsation of the umbilical cord, or def-
29 inite movement of voluntary muscles.
30 (1) "Induced termination of pregnancy (induced abortion)" means the
31 purposeful interruption of pregnancy with an intention other than to pro-
32 duce a live-born infant or to remove a dead fetus and which does not
33 result in a live birth.
34 (2) "Spontaneous fetal death" means the expulsion or extraction of a
35 product of human conception resulting in other than a live birth and which
36 is not an induced termination of pregnancy.
37 (d) "Stillbirth" means a spontaneous fetal death of twenty (20) completed
38 weeks gestation or more, calculated from the date the last normal menstrual
39 period began to the date of delivery based on a clinical estimate of
40 gestation, or a weight of three hundred and fifty (350) grams (twelve and
41 thirty-five hundredths (12.35) ounces) or more.
42 (e) "Dead body" means lifeless human body or such parts of the human body
43 or the bones thereof from the state of which it reasonably may be concluded
2
1 that death recently occurred.
2 (f) "Person in charge of interment" means any person who places or causes
3 to be placed a stillborn fetus or dead body or the ashes of the same, after
4 cremation, in a grave, vault, urn, or other receptacle, or otherwise disposes
5 thereof.
6 (g) "Physician" means a person legally authorized to practice medicine
7 and surgery in this state.
8 (h) "Board" means the Idaho state board of health and welfare.
9 (i) "Record" means the original certificate of an event and any replace-
10 ment thereof filed for record by virtue of authority contained in this chap-
11 ter, as well as instruments of any nature provided by this chapter as a means
12 of effecting replacement of certificates.
13 (j) "Director" means the director of the department of health and wel-
14 fare.
15 (k) "Certified copy" means the reproduction of an original vital record
16 by typewritten, photographic, or electronic means. Such reproductions, when
17 certified by the state registrar, shall be used as the original.
18 (l) "Adoptive parent" means an adult who has become a parent of a child
19 through the legal process of adoption.
20 (m) "Consent" means a verified written statement which has been nota-
21 rized.
22 (n) "Identifying information" includes the following information:
23 (1) The name of the qualified adoptee before placement in adoption;
24 (2) The name and address of each qualified birthparent as it appears in
25 birth records;
26 (3) The current name, address, and telephone number of the qualified
27 adult adoptee; and
28 (4) The current name, address, and telephone number of each qualified
29 birthparent.
30 (o) "Qualified adult adoptee" means an adopted person eighteen (18) years
31 of age or older who was born in Idaho.
32 (p) "Qualified birthparent" means a genetic, biological, or natural par-
33 ent whose rights were voluntarily or involuntarily terminated by a court or
34 otherwise. "Birthparent" includes a man who is the parent of a child prior to
35 the termination of parental rights.
36 (q) "Qualified adult birth sibling" means a genetic, biological, or natu-
37 ral brother or sister or half-brother or sister, eighteen (18) years of age or
38 older.
39 (r) "Registrar" means the state registrar of vital statistics or a desig-
40 nated representative.
41 (s) "Relative" includes only an individual's spouse, birthparent, adop-
42 tive parent, sibling, or child who is eighteen (18) years of age or older.
43 (t) "Voluntary adoption registry" or "registry" means a place where eli-
44 gible persons, as described in section 39-259A, Idaho Code, may indicate their
45 willingness to have their identity and whereabouts disclosed to each other
46 under conditions specified in section 39-259A, Idaho Code.
47 SECTION 2. That Section 39-260, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-260. REGISTRATION OF DEATHS AND STILLBIRTHS. (a) A certificate of each
50 death which occurs in this state shall be filed with the local registrar of
51 the district in which the death occurs, or as otherwise directed by the state
52 registrar, within five (5) days after the occurrence. However, the board
53 shall, by rule and upon such conditions as it may prescribe to assure compli-
3
1 ance with the purposes of the vital statistics act, provide for the filing of
2 death certificates without medical certifications of cause of death in cases
3 in which compliance with the applicable prescribed period would result in
4 undue hardship; but provided, however, that medical certifications of cause of
5 death shall be provided by the certifying physician or coroner to the vital
6 statistics unit within fifteen (15) days from the filing of the death certifi-
7 cate. No certificate shall be deemed complete until every item of information
8 required shall have been provided or its omission satisfactorily accounted
9 for. When death occurs in a moving conveyance in the United States and the
10 body is first removed from the conveyance in this state, the death shall be
11 registered in this state and the place where the body is first removed shall
12 be considered the place of death. When a death occurs on a moving conveyance
13 while in international air space or in a foreign country or its air space and
14 the body is first removed from the conveyance in this state, the death shall
15 be registered in this state but the certificate shall show the actual place of
16 death insofar as can be determined. If the place of death is unknown but the
17 dead body is found in this state, the certificate of death shall be completed
18 and filed in accordance with this section. The place where the body is found
19 shall be shown as the place of death. If the date of death is unknown, it
20 shall be determined by approximation.
21 The person in charge of interment or of removal of the body from the dis-
22 trict shall be responsible for obtaining and filing the certificate. Said per-
23 son shall obtain the required information from the following persons, over
24 their respective signatures:
25 (1) Personal data shall be supplied by the person best qualified to sup-
26 ply them; and
27 (2) Except as otherwise provided, medical data shall be supplied by the
28 physician who attended the deceased during the last illness, who shall
29 certify to the cause of death according to his best knowledge, information
30 and belief within seventy-two (72) hours from time of death. In the
31 absence of the attending physician or with said physician's approval the
32 certificate may be completed and signed by said physician's associate phy-
33 sician, the chief medical officer of the institution in which death
34 occurred, or the physician who performed an autopsy upon the decedent,
35 provided such individual has access to the medical history of the case,
36 views the deceased at or after death, and death is due to natural causes.
37 (b) The person in charge of interment or of removal of the body from the
38 district shall refer the following cases to the coroner who shall make an
39 immediate investigation, supply the necessary medical data, and certify to the
40 cause of death:
41 (1) When no physician was in attendance during the last illness of the
42 deceased; or
43 (2) When the circumstances suggest that the death occurred as a result of
44 other than natural causes.
45 (c) When a death is presumed to have occurred within this state but the
46 body cannot be located, a death certificate may be prepared by the state reg-
47 istrar upon receipt of an order of a court of record of this state, which
48 shall include the finding of facts required to complete the death certificate.
49 Such a death certificate shall be marked "presumptive" and shall show on its
50 face the date of registration and shall identify the court and the date of
51 decree.
52 (d) Each stillbirth, defined as a spontaneous fetal death of twenty (20)
53 completed weeks gestation or more, calculated from the date the last normal
54 menstrual period began to the date of delivery based on a clinical estimate of
55 gestation, or a weight of three hundred fifty (350) grams (twelve and thirty-
4
1 five hundredths (12.35) ounces) or more, which occurs in this state shall be
2 registered on a certificate of stillbirth within five (5) days after delivery
3 with the local registrar of the district in which the stillbirth occurred. All
4 induced terminations of pregnancy shall be reported in the manner prescribed
5 in section 39-261, Idaho Code, and shall not be reported as stillbirths. No
6 certificate shall be deemed complete until every item of information required
7 shall have been provided or its omission satisfactorily accounted for.
8 (1) When a stillbirth occurs in an institution, the person in charge of
9 the institution or a designated representative shall prepare the certifi-
10 cate, obtain the signature of the physician in attendance (except as
11 otherwise provided in section 39-260(e), Idaho Code), who shall provide
12 the medical data, and forward the certificate to the mortician or person
13 acting as such. In the absence of the attending physician or with said
14 physician's approval the certificate may be completed and signed by said
15 physician's associate physician, the chief medical officer of the institu-
16 tion in which the stillbirth occurred, or the physician who performed an
17 autopsy on the stillborn fetus, provided such individual has access to the
18 medical history of the case and views the fetus at or after stillbirth.
19 The mortician or person acting as such shall provide the disposition
20 information and file the certificate with the local registrar.
21 (2) When a stillbirth occurs outside an institution, the mortician or
22 person acting as such shall complete the certificate, obtain the medical
23 data from and signature of the attendant at the stillbirth (except as
24 otherwise provided in section 39-260(e), Idaho Code), and file the certif-
25 icate. If the attendant at or immediately after the stillbirth is not a
26 physician, the coroner shall investigate and sign the certificate of
27 stillbirth.
28 (3) When a stillbirth occurs in a moving conveyance in the United States
29 and the stillborn fetus is first removed from the conveyance in this
30 state, the stillbirth shall be registered in this state and the place
31 where the stillborn fetus is first removed shall be considered the place
32 of stillbirth. When a stillbirth occurs in a moving conveyance while in
33 international air space or in a foreign country or its air space and the
34 stillborn fetus is first removed from the conveyance in this state, the
35 stillbirth shall be registered in this state but the certificate shall
36 show the actual place of stillbirth insofar as can be determined.
37 (4) When a stillborn fetus is found in this state and the place of still-
38 birth is unknown, it shall be reported in this state. The place where the
39 stillborn fetus was found shall be considered the place of stillbirth.
40 (5) The name of the father shall be entered on the certificate of still-
41 birth as provided by section 39-255, Idaho Code.
42 (e) When the circumstances suggest that the stillbirth occurred as a
43 result of other than natural causes (excepting legally induced abortions, as
44 defined by section 39-241, Idaho Code), the local registrar shall refer the
45 case to the coroner in the county where the stillbirth occurred. Said coroner
46 shall make an immediate investigation, supply the necessary medical data, and
47 certify to the cause of stillbirth.
STATEMENT OF PURPOSE
RS 11418
The proposed legislation will add language to the Vital Statistics
Act to allow for use of the accepted medical technology to more
accurately assess the length of the gestation of the stillborn fetus.
This definition is recommended by the National Center for Health
Statistics.
The present explanation utilizes the date of delivery to determine
gestion length, thereby not taking into account those fetal deaths
occurring prior to delivery. This results in an incorrect
determination of the age of the fetus.
FISCAL IMPACT
The proposed legislation merely updates and clarifies a single
definition. There are no fiscal impacts to the general fund or
any other revenue sources.
CONTACT
Name: Jane S. Smith
Agency: Health and Welfare
Phone: 334-5932
Statement of Purpose/Fiscal Impact S 1329