MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Public Health and Welfare

By: Senator(s) Wilemon

Senate Bill 2073

AN ACT TO CODIFY SECTION 41-57-8, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT THE BUREAU OF VITAL STATISTICS OF THE STATE DEPARTMENT OF HEALTH TO OFFER AND ISSUE CERTIFICATES OF BIRTH RESULTING IN STILLBIRTH TO A MOTHER AFTER THE OCCURRENCE OF ANY STILLBIRTH; TO DEFINE "STILLBIRTH" FOR PURPOSES OF THE ISSUANCE OF SUCH CERTIFICATES; TO PROVIDE THAT SUCH CERTIFICATES MAY BE ISSUED RETROACTIVELY; TO AMEND SECTION 41-57-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT TO CHARGE FEES FOR THE ISSUANCE OF SUCH CERTIFICATES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following provision shall be codified as Section 41-57-8, Mississippi Code of 1972:

41-57-8. (1) For purposes of this section, the term "stillborn child" shall be defined as "an intrauterine death that occurs after the twentieth week of gestation through the moment of birth."

(2) The Bureau of Vital Statistics of the State Department of Health shall develop a form for the registration of a Certificate of Birth Resulting in Stillbirth for any stillborn child in Mississippi. The Certificate of Birth Resulting in Stillbirth shall be offered to a mother after the occurrence of any stillbirth. If such mother decides not to place a name on the Certificate of Birth Resulting in Stillbirth, the person preparing the certificate shall leave this option on the certificate blank. The option of registering a Certificate of Birth Resulting in Stillbirth shall be available to any parent of a stillborn child wherein the stillbirth occurred in Mississippi on or after July 1, 2005, provided that the burden of applying and supplying medical verification of such stillbirth occurring prior to the effective date of this act shall be with the parent(s) requesting the issuance and registration of such certificate.

(3) The State Board of Health shall formulate and promulgate rules and regulations for the proper reporting and registration of Certificates of Birth Resulting in Stillbirth.

SECTION 2. Section 41-57-11, Mississippi Code of 1972, is amended as follows:

41-57-11. (1) Each local registrar shall be paid the sum of One Dollar ($1.00) for each birth and each death certificate and each Certificate of Birth Resulting in Stillbirth properly made out, and in the manner and on the form required by the State Board of Health. Such sum shall be paid by the board of supervisors of the county in which the births and deaths occurred, upon certification made monthly to the board of supervisors by the state registrar.

However, any local registrar shall receive only Fifty Cents (50) for each birth, each death certificate and each certificate of stillbirth sent in to the Bureau of Vital Statistics improperly completed or sent in at a later time than that fixed by the regulations of the State Board of Health.

(2) In addition to any fees established and collected by the State Board of Health for the issuance of original and copies of birth certificates and Certificates of Birth Resulting in Stillbirth, there shall be charged a fee of One Dollar ($1.00) for each original and each copy of a birth certificate. This additional fee shall be deposited into the Mississippi Children's Trust Fund created by Section 93-21-305 and shall be used only as set forth in Sections 93-21-301 through 93-21-311. This additional fee shall not be added to birth certificates furnished free as provided in Sections 35-3-9 and 41-57-25.

SECTION 3. This act shall take effect and be in force from and after July 1, 2007.