SENATE FILE NO. SF0085. Sponsored by: Senator(s) Boner, Baldwin and Driskill and Representative(s) Dayton, Hallinan and Sweeney A BILL.

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1 0 STATE OF WYOMING LSO-00 SENATE FILE NO. SF00 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. 0 Be It Enacted by the Legislature of the State of Wyoming: Section. W.S. -- is created to read: SF00

2 0 STATE OF WYOMING LSO Nonviable births; certificates; filing and registration. (a) A physician, physician assistant or advanced practice registered nurse who, on or after July, 0, attends or diagnoses a nonviable birth, or learns from a patient that the patient suffered a nonviable birth, shall advise the patient that the patient may request: 0 (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 services as provided in W.S. --(e). 0 (b) Upon the request of a parent of a nonviable birth, a physician, physician assistant or advanced practice registered nurse who attended or diagnosed the nonviable birth shall, within thirty (0) days, file a certificate of nonviable birth with the local registrar of the district in which the nonviable birth occurred, if SF00

3 0 STATE OF WYOMING LSO-00 known, or was diagnosed. The certificate shall be filed on a form prescribed by vital records services and shall include the items specified in W.S The local registrar shall register the certificate if it has been filed in accordance with this subsection. 0 Section. W.S. --0(a)(i), (iii), (iv) and by creating a new paragraph (xiv), --0(a)(ii), --0(a)(i), (iv) and (v), --0(a), --0 by creating a new subsection (c), --(a), --(d) and by creating a new subsection (e), --(a) and --0 are amended to read: --0. Definitions. (a) As used in this act: 0 (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, SF00

4 0 STATE OF WYOMING LSO-00 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; 0 (xiv) "Nonviable birth" means an unintentional, spontaneous demise of an unborn child that occurs any time after nine () completed weeks gestation through twenty (0) completed weeks gestation Duties of state registrar. (a) The state registrar shall: 0 (ii) Receive, index and statistically compile the returns of births, deaths, stillbirths, nonviable births, marriages and divorces from the entire state; --0. Duties of local registrars. SF00

5 0 STATE OF WYOMING LSO-00 (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. --(b) that occur or are diagnosed, in his district; 0 (iv) Make prompt returns on or before the fifth day of each month to the state registrar or report that no births, stillbirths or deaths occurred, or nonviable births filed under W.S. --(b) occurred or were diagnosed, in his district; 0 (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. --(b) are fully registered and make prompt report to the state registrar of any case of failure or neglect to file certificates; --0. Compensation of local registrars. SF00

6 0 STATE OF WYOMING LSO-00 (a) Each local registrar shall be paid 0 cents ($.0) for each certificate of birth, death, nonviable birth or stillbirth registered by him and promptly transmitted to the state registrar. If no birth, death, nonviable birth or stillbirth is registered by him during any calendar month, the local registrar shall report that fact to the state registrar and be paid the sum of 0 cents ($.0) 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; 0 (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 SF00

7 0 STATE OF WYOMING LSO-00 "Baby" if the sex of the miscarried child is unknown, and the last name of the requesting parent shall appear on the certificate; (iv) Any other items prescribed by vital records services. --. Extension of time. 0 (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 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 SF00

8 0 STATE OF WYOMING LSO-00 a certificate of birth, death, nonviable birth or stillbirth, except as authorized by this act or regulations adopted hereunder. 0 (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 (0) 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. --. Persons required to keep records. 0 (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, the record shall be made at the time of admission from information provided by the person, but when it cannot be so obtained, the same SF00

9 0 STATE OF WYOMING LSO-00 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. --(b). The name and address of the person providing the information shall be a part of the record Duties to furnish information relative to vital events. 0 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. --(b), marriage or divorce upon demand of the state registrar of vital records. 0 Section. The department of health shall promulgate rules and regulations and vital records services shall develop forms and certificates necessary to implement this act by July, 0. Section. SF00

10 0 STATE OF WYOMING LSO-00 (a) Except as otherwise provided in subsection (b) of this section, this act is effective July, 0. (b) Section of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article, Section of the Wyoming Constitution. (END) 0 SF00