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S1068.................................................by HEALTH AND WELFARE
VITAL STATISTICS - Amends existing law relating to vital statistics to
revise definitions.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Health/Wel
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/09 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Coiner, Davis, Malepeai
Floor Sponsor - Broadsword
Title apvd - to House
02/12 House intro - 1st rdg - to Health/Wel
03/09 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hart, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35)
NAYS -- None
Absent and excused -- Hagedorn, Harwood, Mr. Speaker
Floor Sponsor - Marriott
Title apvd - to Senate
03/20 To enrol
03/21 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
03/28 Governor signed
Session Law Chapter 243
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1068
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO VITAL STATISTICS; AMENDING SECTION 39-241, IDAHO CODE, TO REVISE
3 DEFINITIONS, TO PROVIDE ADDITIONAL DEFINITIONS AND TO MAKE TECHNICAL COR-
4 RECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 39-241, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-241. DEFINITIONS. For the purposes of this chapter and this chapter
9 only, the following terms shall be construed to have the meanings hereinafter
10 set forth:
11 (a) "Vital statistics" includes the registration, preparation, transcrip-
12 tion, collection, compilation and preservation of data pertaining to births,
13 adoptions, legitimations, deaths, stillbirths, induced terminations of preg-
14 nancy, marital status and data incidental thereto.
15 (b) "Live birth" means the complete expulsion or extraction from its
16 mother of a product of human conception, irrespective of the duration of preg-
17 nancy, which, after such expulsion or extraction, breathes, or shows any other
18 evidence of life such as beating of the heart, pulsation of the umbilical
19 cord, or definite movement of voluntary muscles, whether or not the umbilical
20 cord has been cut or the placenta is attached.
21 (c) "Fetal death" means death prior to the complete expulsion or extrac-
22 tion from its mother of a product of human conception, irrespective of the
23 duration of pregnancy; the death is indicated by the fact that after such
24 expulsion or extraction, the fetus does not breathe or show any other evidence
25 of life such as beating of the heart, pulsation of the umbilical cord, or def-
26 inite movement of voluntary muscles.
27 (1) "Induced termination of pregnancy (induced abortion)" means the
28 purposeful interruption of pregnancy with an intention other than to pro-
29 duce a live-born infant or to remove a dead fetus and which does not
30 result in a live birth.
31 (2) "Spontaneous fetal death" means the expulsion or extraction of a
32 product of human conception resulting in other than a live birth and which
33 is not an induced termination of pregnancy.
34 (d) "Stillbirth" means a spontaneous fetal death of twenty (20) completed
35 weeks gestation or more, based on a clinical estimate of gestation, or a
36 weight of three hundred fifty (350) grams (twelve and thirty-five hundredths
37 (12.35) ounces) or more.
38 (e) "Dead body" means lifeless human body or such parts of the human body
39 or the bones thereof from the state of which it reasonably may be concluded
40 that death recently occurred.
41 (f) "Person in charge of interment" means any person who places or causes
42 to be placed a stillborn fetus or dead body or the ashes of the same, after
43 cremation, in a grave, vault, urn, or other receptacle, or otherwise disposes
2
1 thereof.
2 (g) "Physician" means a person legally authorized to practice medicine
3 and surgery in this state.
4 (h) "Board" means the Idaho state board of health and welfare.
5 (i) "Record" means the original certificate of an event and any replace-
6 ment thereof filed for record by virtue of authority contained in this chap-
7 ter, as well as instruments of any nature provided by this chapter as a means
8 of effecting replacement of certificates.
9 (j) "Director" means the director of the department of health and wel-
10 fare.
11 (k) "Certified copy" means the reproduction of an original vital record
12 by typewritten, photographic, or electronic means. Such reproductions, when
13 certified by the state registrar, shall be used as the original.
14 (l) "Adoptive parent" means an adult who has become a parent of a child
15 through the legal process of adoption.
16 (m) "Consent" means a verified written statement which has been nota-
17 rized.
18 (n) "Identifying information" includes the following information:
19 (1) The name of the qualified adoptee before placement in adoption;
20 (2) The name and address of each qualified birthparent as it appears in
21 birth records;
22 (3) The current name, address, and telephone number of the qualified
23 adult adoptee; and
24 (4) The current name, address, and telephone number of each qualified
25 birthparent.
26 (o) "Qualified adult adoptee" means an adopted person eighteen (18) years
27 of age or older who was born in Idaho.
28 (1) "Adoptive parent" means an adult who has become a parent of a child
29 through the legal process of adoption.
30 (2) "Advanced practice professional nurse" means a professional nurse
31 licensed in this state who has gained additional specialized knowledge, skills
32 and experience through a nationally accredited program of study and is autho-
33 rized to perform advanced nursing practice as defined in section 54-1402,
34 Idaho Code, and includes certified nurse midwives and nurse practitioners as
35 defined in the same section.
36 (3) "Board" means the Idaho state board of health and welfare.
37 (4) "Certified copy" means the reproduction of an original vital record
38 by typewritten, photographic or electronic means. Such reproductions, when
39 certified by the state registrar, shall be used as the original.
40 (5) "Consent" means a verified written statement which has been nota-
41 rized.
42 (6) "Dead body" means a lifeless human body or such parts of the human
43 body or the bones thereof from the state of which it reasonably may be con-
44 cluded that death occurred.
45 (7) "Director" means the director of the department of health and wel-
46 fare.
47 (8) "Fetal death" means death prior to the complete expulsion or extrac-
48 tion from its mother of a product of human conception, irrespective of the
49 duration of pregnancy; the death is indicated by the fact that after such
50 expulsion or extraction, the fetus does not breathe or show any other evidence
51 of life such as beating of the heart, pulsation of the umbilical cord, or def-
52 inite movement of voluntary muscles.
53 (a) "Induced termination of pregnancy (induced abortion)" means the
54 purposeful interruption of pregnancy with an intention other than to pro-
55 duce a live-born infant or to remove a dead fetus and which does not
3
1 result in a live birth.
2 (b) "Spontaneous fetal death" means the expulsion or extraction of a
3 product of human conception resulting in other than a live birth and which
4 is not an induced termination of pregnancy.
5 (9) "Identifying information" includes the following information:
6 (a) The name of the qualified adoptee before placement in adoption;
7 (b) The name and address of each qualified birthparent as it appears in
8 birth records;
9 (c) The current name, address and telephone number of the qualified adult
10 adoptee; and
11 (d) The current name, address and telephone number of each qualified
12 birthparent.
13 (10) "Live birth" means the complete expulsion or extraction from its
14 mother of a product of human conception, irrespective of the duration of preg-
15 nancy, which, after such expulsion or extraction, breathes, or shows any other
16 evidence of life such as beating of the heart, pulsation of the umbilical
17 cord, or definite movement of voluntary muscles, whether or not the umbilical
18 cord has been cut or the placenta is attached. Heartbeats are to be distin-
19 guished from transient cardiac contractions; respirations are to be distin-
20 guished from fleeting respiratory efforts or gasps.
21 (11) "Person in charge of interment" means any person who places or causes
22 to be placed a stillborn fetus or dead body or the ashes of the same, after
23 cremation, in a grave, vault, urn, or other receptacle, or otherwise disposes
24 thereof.
25 (12) "Physician" means a person legally authorized to practice medicine
26 and surgery, osteopathic medicine and surgery or osteopathic medicine in this
27 state as defined in section 54-1803, Idaho Code.
28 (13) "Physician assistant" means any person who is a graduate of an
29 acceptable training program and who is otherwise qualified to render patient
30 services as defined in section 54-1803, Idaho Code.
31 (14) "Qualified adult adoptee" means an adopted person eighteen (18) years
32 of age or older who was born in Idaho.
33 (15) "Qualified adult birth sibling" means a genetic, biological, or natu-
34 ral brother or sister or half-brother or half-sister, eighteen (18) years of
35 age or older.
36 (p16) "Qualified birthparent" means a genetic, biological, or natural par-
37 ent whose rights were voluntarily or involuntarily terminated by a court or
38 otherwise. "Birthparent" includes a man who is the parent of a child prior to
39 the termination of parental rights.
40 (q) "Qualified adult birth sibling" means a genetic, biological, or natu-
41 ral brother or sister or half-brother or sister, eighteen (18) years of age or
42 older.
43 (17) "Record" means the original certificate of an event and any replace-
44 ment thereof filed for record by virtue of authority contained in this chap-
45 ter, as well as instruments of any nature provided by this chapter as a means
46 of effecting replacement of certificates.
47 (r18) "Registrar" means the state registrar of vital statistics or a des-
48 ignated representative.
49 (s19) "Relative" includes only an individual's spouse, birthparent, adop-
50 tive parent, sibling, or child who is eighteen (18) years of age or older.
51 (20) "Stillbirth" means a spontaneous fetal death of twenty (20) completed
52 weeks gestation or more, based on a clinical estimate of gestation, or a
53 weight of three hundred fifty (350) grams (twelve and thirty-five hundredths
54 (12.35) ounces) or more.
55 (21) "Vital statistics" includes the registration, preparation, transcrip-
4
1 tion, collection, compilation and preservation of data pertaining to births,
2 adoptions, legitimations, deaths, stillbirths, induced terminations of preg-
3 nancy, marital status and data incidental thereto.
4 (t22) "Voluntary adoption registry" or "registry" means a place where
5 eligible persons, as described in section 39-259A, Idaho Code, may indicate
6 their willingness to have their identity and whereabouts disclosed to each
7 other under conditions specified in section 39-259A, Idaho Code.
STATEMENT OF PURPOSE
RS 16550C1
Section 39-241, Idaho Code, provides the definitions used by the
Vital Statistics Act. Several definitions have become outdated
or the scope of the professional practice has changed.
The definition for live birth needs to be updated with an
addition to better determine when a live birth occurs. The World
Health Organization and the National Center for Health
Statistics both recommend this change. The addition is as
follows:
“Heartbeats are to be distinguished from transient cardiac
contractions; respirations are to be distinguished from fleeting
respiratory efforts or gasps.”
The definition for dead bodies contains the word, “recently,”
which is limiting and does not reflect the fact that dead bodies
can be found a long time after the death occurred. To correct
this, the word, “recently,” will be removed.
The definition for physician is incomplete and does not agree
with the one in Section 54-1803, Idaho Code, and is being
updated.
In order to update the health care professionals allowed to
certify a death or stillbirth in Section 39-260, Idaho Code, and
to authorize the disposal or removal of dead bodies and
stillborn fetuses in Section 39-268, Idaho Code, definitions for
physician assistant and advanced practice professional nurse
need to be added.
FISCAL NOTE
No fiscal impact.
CONTACT
Name: Greg Heitman
Agency: Health and Welfare
Phone: 208-334-5986
STATEMENT OF PURPOSE/FISCAL NOTE S 1068