2
3
4
5
6
7 LONG TITLE
8 Committee Note:
9 The Health and Human Services Interim Committee recommended this bill.
10 General Description:
11 This bill amends the Utah Vital Statistics Act related to stillbirths.
12 Highlighted Provisions:
13 This bill:
14 ▸ amends the definition of "dead fetus" in the Utah Vital Statistics Act; and
15 ▸ directs the state registrar to issue a certificate of early term stillbirth to a parent who
16 requests the certificate under certain circumstances.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 26-2-2, as last amended by Laws of Utah 2013, Chapter 397
24 ENACTS:
25 26-2-14.3, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 26-2-2 is amended to read:
29 26-2-2. Definitions.
30 As used in this chapter:
31 (1) "Advanced practice registered nurse" means a person licensed to practice as an
32 advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse Practice Act.
33 (2) "Custodial funeral service director" means a funeral service director who:
34 (a) is employed by a licensed funeral establishment; and
35 (b) has custody of a dead body.
36 (3) "Dead body" or "decedent" means a human body or parts of the human body from
37 the condition of which it reasonably may be concluded that death occurred.
38 (4) "Dead fetus" means a product of human conception, other than those circumstances
39 described in Subsection 76-7-301(1):
40 (a) of [
41 menstrual period began to the date of delivery; and
42 (b) that was not born alive.
43 (5) "Declarant father" means a male who claims to be the genetic father of a child, and,
44 along with the biological mother, signs a voluntary declaration of paternity to establish the
45 child's paternity.
46 (6) "Dispositioner" means:
47 (a) a person designated in a written instrument, under Subsection 58-9-602(1), as
48 having the right and duty to control the disposition of the decedent, if the person voluntarily
49 acts as the dispositioner; or
50 (b) the next of kin of the decedent, if:
51 (i) (A) a person has not been designated as described in Subsection (6)(a); or
52 (B) the person described in Subsection (6)(a) is unable or unwilling to exercise the
53 right and duty described in Subsection (6)(a); and
54 (ii) the next of kin voluntarily acts as the dispositioner.
55 (7) "File" means the submission of a completed certificate or other similar document,
56 record, or report as provided under this chapter for registration by the state registrar or a local
57 registrar.
58 (8) "Funeral service director" is as defined in Section 58-9-102.
59 (9) "Health care facility" is as defined in Section 26-21-2.
60 (10) "Health care professional" means a physician or nurse practitioner.
61 (11) "Licensed funeral establishment" means a funeral service establishment, as
62 defined in Section 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services
63 Licensing Act.
64 (12) "Live birth" means the birth of a child who shows evidence of life after the child is
65 entirely outside of the mother.
66 (13) "Local registrar" means a person appointed under Subsection 26-2-3(2)(b).
67 (14) "Nurse practitioner" means an advanced practice registered nurse specializing as a
68 nurse practitioner who has completed an education program regarding the completion of a
69 certificate of death developed by the department by administrative rule adopted in accordance
70 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
71 (15) "Physician" means a person licensed to practice as a physician or osteopath in this
72 state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
73 Osteopathic Medical Practice Act.
74 (16) "Presumed father" means the father of a child conceived or born during a marriage
75 as defined in Section 30-1-17.2.
76 (17) "Registration" or "register" means acceptance by the local or state registrar of a
77 certificate and incorporation of the certificate into the permanent records of the state.
78 (18) "State registrar" means the state registrar of vital records appointed under
79 Subsection 26-2-3(1)(e).
80 (19) "Vital records" means:
81 (a) registered certificates or reports of birth, death, fetal death, marriage, divorce,
82 dissolution of marriage, or annulment;
83 (b) amendments to any of the registered certificates or reports described in Subsection
84 (19)(a); and
85 (c) other similar documents.
86 (20) "Vital statistics" means the data derived from registered certificates and reports of
87 birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of
88 marriage, or annulment.
89 Section 2. Section 26-2-14.3 is enacted to read:
90 26-2-14.3. Certificate of early term stillbirth.
91 (1) As used in this section, "early term stillborn child" means a product of human
92 conception, other than in the circumstances described in Subsection 76-7-301(1), that:
93 (a) is of at least 16 weeks' gestation but less than 20 weeks' gestation, calculated from
94 the day on which the mother's last normal menstrual period began to the day of delivery; and
95 (b) is not born alive.
96 (2) The state registrar shall issue a certificate of early term stillbirth to a parent of an
97 early term stillborn child if:
98 (a) the parent requests, on a form created by the state registrar, that the state registrar
99 register and issue a certificate of early term stillbirth for the early term stillborn child; and
100 (b) the parent files with the state registrar:
101 (i) (A) a signed statement from a physician confirming the delivery of the early term
102 stillborn child; or
103 (B) an accurate copy of the parent's medical records related to the early term stillborn
104 child; and
105 (ii) any other record the state registrar determines, by rule made in accordance with
106 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, is necessary for accurate
107 recordkeeping.
108 (3) The certificate of early term stillbirth described in Subsection (2) shall meet all of
109 the format and filing requirements of Section 26-2-4.
110 (4) A person who prepares a certificate of early term stillbirth under this section shall
111 leave blank any references to an early term stillborn child's name if the early term stillborn
112 child's parent does not wish to provide a name for the early term stillborn child.
Legislative Review Note
as of 10-16-14 4:37 PM
Office of Legislative Research and General Counsel