House Bill 1038

AN ACT TO AMEND SECTION 41-57-31, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT A DEATH CERTIFICATE BE PREPARED FOR EACH STILLBORN CHILD IN THIS STATE IN THE SAME MANNER AND BY THE SAME PERSONS AS REQUIRED FOR OTHER DEATH CERTIFICATES; TO REQUIRE THE PERSON WHO WOULD HAVE PREPARED A BIRTH CERTIFICATE FOR A STILLBORN CHILD IF THE CHILD HAD BEEN BORN ALIVE TO NOTIFY AND ADVISE THE PARENT OR PARENTS OF THE STILLBORN CHILD THAT A PARENT MAY REQUEST AND OBTAIN THE PREPARATION OF A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH FROM THE BUREAU OF VITAL STATISTICS; TO REQUIRE THAT SAME PERSON TO PROVIDE TO THE PARENT OR PARENTS OF THE STILLBORN CHILD THE FORM NEEDED TO OBTAIN THE CERTIFICATE, IF THE PARENT OR PARENTS INDICATE THAT THEY WISH TO REQUEST THE PREPARATION OF A CERTIFICATE; TO PROVIDE THAT THE BUREAU OF VITAL STATISTICS WILL PROVIDE COPIES OF THE FORMS TO HOSPITALS, PHYSICIANS AND MIDWIVES AS NEEDED FOR THEM TO COMPLY WITH THE PROVISIONS OF THIS SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-57-31, Mississippi Code of 1972, is amended as follows:

41-57-31. (1) As used in this section, the following terms shall be defined as provided in this section, unless the context otherwise requires:

(a) "Certificate of birth resulting in stillbirth" means a birth certificate issued to record and memorialize the birth of a stillborn child.

(b) "Stillbirth" or "stillborn" means an unintended, intrauterine fetal death occurring in this state after a gestational age of not less than twenty (20) completed weeks.

(2) A death certificate shall be prepared for each stillborn child in this state in the same manner and by the same persons as required for other death certificates. The death certificate shall be of the same form and appearance as other death certificates, except that it will state on its face that the death was of a stillborn. A fetal death report is not sufficient compliance with the requirement of this subsection.

( * * *23) For any stillborn child in this state, the Bureau of Vital Statistics shall issue a certificate of birth resulting in stillbirth upon the request of a parent named on the death certificate, within sixty (60) days of the date of the request. A parent may request the Bureau of Vital Statistics to issue a certificate of birth resulting in stillbirth without regard to * * * ~~whether~~when the death occurred * * *~~on, before, or after July 1, 2007~~, and without regard to the date on which the death certificate was issued.

( * * *34) The person who * * * ~~is required to file a death~~would have prepared a birth certificate under this chapter for a stillborn child if the child had been born alive shall notify and advise the parent or parents of * * * athe stillborn child:

(a) That a parent may, but is not required to, request the preparation of a certificate of birth resulting in stillbirth;

(b) That a parent may obtain a certificate of birth resulting in stillbirth by contacting the Bureau of Vital Statistics to request the certificate and paying the required fee; and

The person who is required to provide the notice under this subsection shall provide to the parent or parents of the stillborn child the form needed to obtain the certificate of birth resulting in stillbirth, if the parent or parents indicate that they wish to request the preparation of a certificate. The Bureau of Vital Statistics shall provide copies of the forms to hospitals, physicians and midwives as needed for them to comply with the provisions of this subsection.

( * * *45) A parent may provide a name for a stillborn child on the request for a certificate of birth resulting in stillbirth. The name of the stillborn child provided on or later added by amendment to the certificate shall be the same name as placed on the original or amended death certificate. If the requesting parent does not wish to provide a name, the Bureau of Vital Statistics shall fill in the certificate with the name "baby boy" or "baby girl" and the last name of the parent.

( * * *56) * * * ~~Not later than September 1, 2007,~~ The State Department of Health shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate. In addition to any other information required to be on the certificate, the certificate shall include:

(a) The date of the stillbirth;

(b) The county in which the stillbirth occurred;

(d) The following statement: "This certificate is not proof of live birth."

( * * *67) Upon issuance of a certificate of birth resulting in stillbirth to a parent, the Bureau of Vital Statistics shall file an exact copy of the certificate with the local registrar of the registration district in which the stillbirth occurred. The local registrar shall file the certificate of birth resulting in stillbirth with the death certificate.

( * * *78) The Bureau of Vital Statistics may not use a certificate of birth resulting in stillbirth to calculate live birth statistics.

( * * *89) The State Board of Health may adopt any rules or regulations necessary to administer this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.