House Bill 566

AN ACT TO CODIFY NEW SECTION 41-57-31, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ISSUANCE OF A "CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH" BY THE BUREAU OF VITAL STATISTICS OF THE STATE DEPARTMENT OF HEALTH UPON THE REQUEST OF A PARENT OF A STILLBORN CHILD; TO PROVIDE THAT A PARENT MAY REQUEST THE ISSUANCE OF THIS CERTIFICATE WITHOUT REGARD TO WHETHER THE DEATH OCCURRED BEFORE OR AFTER THE EFFECTIVE DATE OF THIS ACT; TO PROVIDE THAT THE PERSON WHO IS REQUIRED TO FILE A DEATH CERTIFICATE SHALL ADVISE THE PARENT OR PARENTS OF A STILLBORN CHILD ABOUT THE AVAILABILITY OF THIS CERTIFICATE AND HOW TO REQUEST THE ISSUANCE OF THE CERTIFICATE; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL PRESCRIBE THE FORM AND CONTENT OF THE CERTIFICATE AND SPECIFY THE INFORMATION NECESSARY TO PREPARE THE CERTIFICATE; TO AUTHORIZE THE STATE BOARD OF HEALTH TO ADOPT ANY RULES OR REGULATIONS NECESSARY TO ADMINISTER THIS SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 41-57-31, Mississippi Code of 1972:

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) 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 the death occurred on, before, or after July 1, 2007, and without regard to the date on which the death certificate was issued.

(3) The person who is required to file a death certificate under this chapter shall advise the parent or parents of a 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

(4) 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.

(5) 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."

(6) 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.

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

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

(9) This section may not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.