Certificate of nonviable birth.

2018
STATE OF WYOMING
18LSO-0350
Numbered
1.3

SENATE FILE

NO.
SF0085

Certificate of nonviable birth.

Sponsored by:
Senator(s) Boner, Baldwin and Driskill and Representative(s) Dayton, Hallinan and Sweeney

A BILL

for

AN ACT relating to vital records; permitting requests for the filing and registration of certificates of nonviable birth; providing duties and requirements related to the filing and registration of certificates; including records of nonviable births as vital records; prescribing contents of certificates; providing recordkeeping requirements regarding nonviable births; requiring rulemaking; requiring the development of forms and certificates; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
1
‑
432 is created to read:

35
‑
1
‑
432
.

N
onviable birth
s; certificates;
filing and
registration
.

(a)

A
physician, physician assistant or advanced practice registered nurse
who
, on or after July 1, 2018,
attends
or
diagnoses
a nonviable birth, or learns from a patient that the patient
suffered

a nonviable bi
rth
,
shall
advise
the patient
that
the patient
may request:

(i)

The filing and registration of a certificate of nonviable birth as provided in subsection (b) of this section;

(ii)

A
certified copy of a certificate of nonviable birth from vital records s
ervices

as provided in
W.S. 35
‑
1
‑
427(e).

(
b
)

Upon the request of a
parent

of a nonviable birth, a
physician, physician assistant or advanced practice registered nurse who attend
ed or
diagnose
d

the
nonviable birth
shall
, within thirty (30) days,
file

a
certificat
e
of nonviable birth with the local registrar of the district in which the nonviable birth occurred
, if known, or
was diagnosed
.
The certificat
e
shall be
filed
on a form prescribed by
vital records services
and shall include the items specified in
W.S. 35
‑
1
‑
409
.
The local registrar
shall register the certificat
e
if it has been filed in accordance with this subsection.

Section

2
.

W.S. 35
‑
1
‑
401(a)
(i), (iii), (iv) and
by creating a new paragraph (xiv),
35
‑
1
‑
404(a)(ii),
35
‑
1
‑
407(a)(i)
, (iv)
and (v)
, 35
‑
1
‑
408(a),
35
‑
1
‑
409 by creating a new subsection (c),
35
‑
1
‑
421(a),
35
‑
1
‑
427(d)
and by creating a new subsection (e)
, 35
‑
1
‑
429(a)
and
35
‑
1
‑
430
are amended to read:

35
‑
1
‑
401
.

Definitions.

(a)

As used in this act:

(i)

"
Vital records
"
means records of birth, death, stillbirth,
nonviable birth,
marriage, divorce and data relating thereto;

(iii)

"
Filing
"
means the presentation of a certificate, report, or other record of a birth, death, stillbirth,
nonviable birth,
adoption, marriage, or divorce, for registration by vital records services;

(iv)

"
Registration
"
means the acceptance by vital records services and the incorporation in its official records of certificates, reports or other records of births, deaths, stillbirths,
nonviable births,
adoption, marriages
,
and divorces;

(xiv)

"
Nonviabl
e birth
"
means an unintentional
, spontaneous demise
of an unborn child
that occurs
any

time
after nin
e (9)

completed weeks
gestation
through

twent
y (2
0
)

completed
week
s
gestation
.

35
‑
1
‑
404
.

Duties of state registrar.

(a)

The state registrar shall:

(ii)

Receive, index and statistically compile the returns of births, deaths, stillbirths,
nonviable births,
marriages and divorces from the entire state;

35
‑
1
‑
407
.

Duties of local registrars.

(a)

Each local registration official shall serve as an agent of the state registrar in his district and shall:

(i)

Register only births, stillbirths and deaths that occur
, and nonviable births
filed under W.S. 35
‑
1
‑
432(b)
that occur or
a
re diagnosed,
in his district;

(iv)

Make prompt returns on or before the fifth day of each month to the state registrar or report that no births
,
s
tillbirths

or
d
eaths

o
ccurred, o
r nonviable birth
s

filed
under W.S. 35
‑
1
‑
432(b)
occurred

or were diagnosed,
in his district;

(v)

See that the provisions of this act are enforced in his district and that all births, stillbirths
,

and
deaths
,

that occur

and
nonviable births filed
under

W.S. 35
‑
1
‑
432
(
b
)

are fully registered and make prompt report to the state registrar of any case of failure or neglect to file certificates;

35
‑
1
‑
408
.

Compensation of local registrars.

(a)

Each local registrar shall be paid 50 cents ($.50) for each certificate of birth, death
, nonviable birth
or stillbirth registered by him and promptly transmitted to the state registrar. If no birth, death,
nonviable birth
or stillbirth is registered by him during any calendar month, the local registrar shall report that fact to the state registrar and be paid the sum of 50 cents ($.50).

35
‑
1
‑
409
.

Form of certificates.

(c)

A certificate of nonviable birth shall include the following items:

(i)

The

date on which the nonviable birth occurred
, if known,
or was

diagnosed;

(ii)

The county in which the nonviable birth occurred, if known, or was diagnosed;

(iii)

The name of the
miscarried
child, if provided by
a
parent of the nonviable birth. If no name is provided, the first name
"
Baby Boy
"
or
"
Baby Girl
"
, or
"
Baby
"
if the sex of the
miscarried
child is unknown, and the last name of the requesting parent shall appear on the certificate;

(
i
v)

Any other
items
prescr
ibed by vital records services
.

35
‑
1
‑
421
.

Extension of time.

(a)

The department of health may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this act, provide for the extension of the periods prescribed in this act, for the filing of death certificates, stillbirth certificates
and certificates for nonviable births
, and for the obtaining of
burial
‑
transit permits in cases in which compliance with the applicable prescribed period would result in undue hardship.

35
‑
1
‑
427
.

Copies of data from vital records.

(d)

No person shall prepare or issue any certificate which purports to be an original, certified copy or copy of a certificate of birth, death
, nonviable birth
or stillbirth, except as authorized by this act or regulations adopted hereunder.

(e)

Vital records services shall issue a certified copy of a certificate of nonviable birth to a parent named on the registration of a nonviable birth
not later than
sixty (60
) days
after
receiving the parent’s request for the certified copy. The parent shall submit the request on a form prescribed by vital records services.

35
‑
1
‑
429
.

Persons required to keep records.

(a)

Every person in charge of an institution
as defined in this act
shall keep a record of personal particulars and data concerning each person admitted or confined to the institution. The record shall be limited to information required by the standard
certificate

forms for certificates
of birth,
nonviable birth,

death and stillbirth
forms
issued under the provisions of this act.
Except
for records of nonviable births
, t
he record shall be made at the time of admission from information provided by the person, but when it cannot be so obtained, the same shall be obtained from relatives or other persons acquainted with the facts.
The record of a nonviable birth shall be made
upon

a
request for
the filing of a certificate of nonviable birth under W.S. 35
‑
1
‑
432(b).

The name and address of the person providing the information shall be a part of the record.

35
‑
1
‑
430
.

Duties to furnish information relative to vital events.

Any person having actual knowledge of the facts shall furnish such information as he may possess regarding any
birth, death, stillbirth,

nonviable birth
filed under W.S. 35
‑
1
‑
432(b)
,

marriage or divorce upon demand of the state registrar of vital records.

Section 3
.

The department of health shall promulgate rules and regulations and
vital records s
ervice
s shall
develop forms
and certificates
necessary to implement this act by July 1, 2018.

Section 4
.

(a)

Except as otherwise provided in subsection (b) of this section, this act is effective July 1, 2018.

(b)

Section 3 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
SF0085