Text of MN SF 2212 (2023)
Department of Health policy provisions modification
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As introduced
9,051 characters
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A bill for an act
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relating to health; changing provisions in vital records for stillbirths; amending
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Minnesota Statutes 2022, sections 144.2151; 144.222.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Section 1. Minnesota Statutes 2022, section 144.2151, is amended to read:
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144.2151 FETAL DEATH RECORD AND CERTIFICATE OF BIRTH
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RESULTING IN STILLBIRTH.
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Subdivision 1. Filing Registration. A fetal death record of birth for each birth resulting
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in a stillbirth in this state, on or after August 1, 2005, must be established for which a each
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fetal death report is required reported and registered under section 144.222, subdivision 1,
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shall be filed with the state registrar within five days after the birth if the parent or parents
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of the stillbirth request to have a record of birth resulting in stillbirth prepared.
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Subd. 2. Information to parents. The party responsible for filing a fetal death report
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under section 144.222, subdivision 1, shall advise the parent or parents of a stillbirth:
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(1) that they may request preparation of a record of birth resulting in stillbirth;
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(2) that preparation of the record is optional; and
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(3) how to obtain a certified copy of the record if one is requested and prepared.
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(1) that the parent or parents may choose to provide a full name or provide only a last
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name for the record;
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(2) that the parent or parents may request a certificate of birth resulting in stillbirth after
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the fetal death record is established;
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Section 1.
23-00398
as introduced
12/20/22
REVISOR
EB/NS
SENATE
STATE OF MINNESOTA
S.F. No. 2212
NINETY-THIRD SESSION
(SENATE AUTHORS: WIKLUND)
OFFICIAL STATUS
D-PG
DATE
Introduction and first reading
02/27/2023
Referred to Health and Human Services
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(3) that the parent who gave birth may request an informational copy of the fetal death
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record; and
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(4) that the parent or parents named on the fetal death record and the party responsible
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for reporting the fetal death may correct or amend the record to protect the integrity and
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accuracy of vital records.
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Subd. 3. Preparation Responsibilities of the state registrar. (a) Within five days after
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delivery of a stillbirth, the parent or parents of the stillbirth may prepare and file the record
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with the state registrar if the parent or parents of the stillbirth, after being advised as provided
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in subdivision 2, request to have a record of birth resulting in stillbirth prepared.
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(b) If the parent or parents of the stillbirth do not choose to provide a full name for the
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stillbirth, the parent or parents may choose to file only a last name.
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(c) Either parent of the stillbirth or, if neither parent is available, another person with
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knowledge of the facts of the stillbirth shall attest to the accuracy of the personal data entered
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on the record in time to permit the filing of the record within five days after delivery.
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The state registrar shall:
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(1) prescribe the process to:
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(i) register a fetal death;
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(ii) request the certificate of birth resulting in stillbirth; and
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(iii) request the informational copy of a fetal death record;
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(2) prescribe a standardized format for the certificate of birth resulting in stillbirth, which
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shall integrate security features and be as similar as possible to a birth certificate;
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(3) issue a certificate of birth resulting in stillbirth or a statement of no vital record found
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to the parent or parents named on the fetal death record upon the parent's proper completion
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of an attestation provided by the commissioner and payment of the required fee;
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(4) correct or amend the fetal death record upon a request from the parent who gave
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birth, parents, or the person who registered the fetal death or filed the report; and
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(5) refuse to amend or correct the fetal death record when an applicant does not submit
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the minimum documentation required to amend the record or when the state registrar has
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cause to question the validity or completeness of the applicant's statements or any
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documentary evidence and the deficiencies are not corrected. The state registrar shall advise
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the applicant of the reason for this action and shall further advise the applicant of the right
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of appeal to a court with competent jurisdiction over the Department of Health.
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Section 1.
23-00398
as introduced
12/20/22
REVISOR
EB/NS
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Subd. 4. Retroactive application Delayed registration. Notwithstanding subdivisions
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1 to 3, If a birth that fetal death occurred in this state at any time resulted in a stillbirth for
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which a fetal death report was required under section 144.222, subdivision 1, but a record
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of birth resulting in stillbirth was not prepared under subdivision 3, a parent of the stillbirth
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may submit to the state registrar, on or after August 1, 2005, a written request for preparation
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of a record of birth resulting in stillbirth and evidence of the facts of the stillbirth in the
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form and manner specified by the state registrar. The state registrar shall prepare and file
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the record of birth resulting in stillbirth within 30 days after receiving satisfactory evidence
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of the facts of the stillbirth. fetal death was not registered and a record was not established,
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a person responsible for registering the fetal death, the medical examiner or coroner with
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jurisdiction, or a parent may submit to the state registrar a written request to register the
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fetal death and submit the evidence to support the request.
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Subd. 5. Responsibilities of state registrar. The state registrar shall:
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(1) prescribe the form of and information to be included on a record of birth resulting
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in stillbirth, which shall be as similar as possible to the form of and information included
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on a record of birth;
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(2) prescribe the form of and information to be provided by the parent of a stillbirth
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requesting a record of birth resulting in stillbirth under subdivisions 3 and 4 and make this
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form available on the Department of Health's website;
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(3) issue a certified copy of a record of birth resulting in stillbirth to a parent of the
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stillbirth that is the subject of the record if:
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(i) a record of birth resulting in stillbirth has been prepared and filed under subdivision
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3 or 4; and
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(ii) the parent requesting a certified copy of the record submits the request in writing;
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and
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(4) create and implement a process for entering, preparing, and handling stillbirth records
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identical or as close as possible to the processes for birth and fetal death records when
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feasible, but no later than the date on which the next reprogramming of the Department of
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Health's database for vital records is completed.
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Section 1.
23-00398
as introduced
12/20/22
REVISOR
EB/NS
4.1
Sec. 2. Minnesota Statutes 2022, section 144.222, is amended to read:
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144.222 FETAL DEATH REPORTS OF FETAL OR INFANT DEATH AND
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REGISTRATION.
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Subdivision 1. Fetal death report required. A fetal death report must be filed registered
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or reported within five days of the death of a fetus for whom 20 or more weeks of gestation
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have elapsed, except for abortions defined under section 145.4241. A fetal death report must
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be prepared must be registered or reported in a format prescribed by the state registrar and
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filed in accordance with Minnesota Rules, parts 4601.0100 to 4601.2600 by:
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(1) a person in charge of an institution or that person's authorized designee if a fetus is
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delivered in the institution or en route to the institution;
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(2) a physician, certified nurse midwife, or other licensed medical personnel in attendance
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at or immediately after the delivery if a fetus is delivered outside an institution; or
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(3) a parent or other person in charge of the disposition of the remains if a fetal death
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occurred without medical attendance at or immediately after the delivery.
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Subd. 2. Sudden infant death Report to coroner or medical examiner. Each infant
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death which is diagnosed as sudden infant death syndrome shall be reported within five
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days to the state registrar. Fetal deaths of 20 weeks or longer gestation unattended by a
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physician, certified nurse midwife, or other licensed medical personnel under subdivision
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1, clause (2), shall be reported to the coroner or medical examiner as required under section
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390.11.
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Sec. 2.
23-00398
as introduced
12/20/22
REVISOR
EB/NS