AN ACT
ENTITLED, An Act to
permit and provide for the issuance of certificates of birth resulting in
stillbirth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Terms used in this Act mean:
(1) "Stillbirth," any intrauterine fetal death occurring in this state after a gestational age of not
less than twenty completed weeks; and
(2) "Certificate of birth resulting in stillbirth," a certificate issued to record the birth of a
stillborn child.
Section 2. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Any person who is required to file a fetal death report pursuant to
§
34-25-32.2 shall advise the
parent or parents of a stillborn child:
(1) That a parent may, but is not required to, request a certificate of birth resulting in stillbirth
by contacting the Department of Health to request the certificate and paying the required
fee; and
(2) The means by which a parent may contact the Department of Health to request the
certificate.
Section 3. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Any parent may provide a name for a stillborn child on the request for a certificate of birth
resulting in stillbirth. If the requesting parent does not wish to provide a name, the Department of
Health shall fill in the certificate with the name "baby boy" or "baby girl" and the last name of the
parent.
Section
4.
That chapter
34-25
be amended by adding thereto a NEW SECTION to read as
follows:
Any certificate of birth resulting in stillbirth shall include information referencing the
corresponding fetal death report.
Section 5. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Section 5. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
The 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.
Section 6. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Section 6. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
The Department of Health may not use a certificate of birth resulting in stillbirth to calculate live
birth statistics.
Section 7. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Section 7. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Each applicant for a certificate of birth resulting in stillbirth shall submit a ten dollar fee to the
Department of Health for the preparation and filing of the record.
Section 8. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Section 8. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Any parent may request the Department of Health to issue a certificate of birth resulting in
stillbirth without regard to the date on which the fetal death report was filed.
Section 9. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Section 9. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
Any parent may request the Department of Health to prepare and issue a certificate of birth
resulting in stillbirth without regard to whether the fetal death occurred on, before, or after the
effective date of this Act.
Section 10. That § 34-25-25 be amended to read as follows:
34-25-24. No body of any person whose death occurs in this state or which is found in this state or of a fetus after a gestational age of not less than twenty completed weeks may be interred, deposited in a vault or tomb, cremated, or otherwise disposed of, or removed from the state unless, prior to the disposition, a permit for disposition is obtained electronically from the department or on paper from the registrar of the registration district in which the death, or fetal death occurred or the body was found.
Section 11. That § 34-25-32.1 be amended to read as follows:
34-25-32.1. A fetal death report for the death of each fetus which has attained a gestational age of not less than twenty completed weeks and which is not an abortion and reportable as such under chapter 34-23A which occurs in this state shall be filed with the Department of Health, in accordance with rules of the secretary of health promulgated pursuant to chapter 1-26. However, the gestational age specified by this section may not be considered a factor in determining when life begins.
An Act to permit and provide for the issuance of certificates of birth resulting in stillbirth.
Section 10. That § 34-25-25 be amended to read as follows:
34-25-24. No body of any person whose death occurs in this state or which is found in this state or of a fetus after a gestational age of not less than twenty completed weeks may be interred, deposited in a vault or tomb, cremated, or otherwise disposed of, or removed from the state unless, prior to the disposition, a permit for disposition is obtained electronically from the department or on paper from the registrar of the registration district in which the death, or fetal death occurred or the body was found.
Section 11. That § 34-25-32.1 be amended to read as follows:
34-25-32.1. A fetal death report for the death of each fetus which has attained a gestational age of not less than twenty completed weeks and which is not an abortion and reportable as such under chapter 34-23A which occurs in this state shall be filed with the Department of Health, in accordance with rules of the secretary of health promulgated pursuant to chapter 1-26. However, the gestational age specified by this section may not be considered a factor in determining when life begins.
An Act to permit and provide for the issuance of certificates of birth resulting in stillbirth.
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I certify that the attached Act originated in the
SENATE as
Bill
No.
206
____________________________ Secretary of the Senate ____________________________ President of the Senate
Attest:
____________________________ Secretary of the Senate
____________________________
Attest:
____________________________ Chief Clerk
Senate
Bill
No.
206
File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________ for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________ Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
