130th Ohio General Assembly
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Am. H. B. No. 393  As Passed by the House
As Passed by the House

129th General Assembly
Regular Session
2011-2012
Am. H. B. No. 393


Representative Yuko 

Cosponsors: Representatives Roegner, Letson, McClain, Antonio, Hagan, R., Celeste, Ramos, Schuring, Adams, J., Adams, R., Amstutz, Barnes, Beck, Blair, Blessing, Boose, Boyce, Bubp, Buchy, Carney, Celebrezze, Cera, Clyde, Combs, Conditt, Damschroder, Derickson, Dovilla, Driehaus, Fedor, Foley, Gardner, Garland, Hagan, C., Hall, Hayes, Heard, Hill, Huffman, Johnson, Lundy, Mallory, Milkovich, Murray, Newbold, O'Brien, Okey, Phillips, Pillich, Reece, Sears, Slesnick, Smith, Sprague, Stinziano, Sykes, Uecker, Winburn, Young Speaker Batchelder 



A BILL
To amend sections 3705.20 and 3705.23 of the Revised Code to rename certificates recognizing the delivery of a stillborn infant as certificates of birth resulting in stillbirth.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 3705.20 and 3705.23 of the Revised Code be amended to read as follows;
Sec. 3705.20.  (A) The fetal death of the product of human conception of at least twenty weeks of gestation shall be registered on a fetal death certificate.
On application of either parent, the fetal death of the product of human conception prior to twenty weeks of gestation shall be registered on a fetal death certificate, except that the fetal death certificate shall not list the cause of death.
The parent shall include with the application a copy of the statement required by division (B)(1) of section 3727.16 or division (B)(1) of section 4731.82 of the Revised Code. If the father submits the application, he shall also include with it a signed and notarized document from the mother attesting that she voluntarily provided the father with a copy of the statement.
A fetal death certificate for the product of human conception prior to twenty weeks gestation is not proof of a live birth for purposes of federal, state, and local taxes.
(B) The product of human conception that suffers a fetal death of at least twenty weeks of gestation occurring in Ohio shall not be interred, deposited in a vault or tomb, cremated, or otherwise disposed of by a funeral director or other person until a fetal death certificate or provisional death certificate has been filed with and a burial permit is issued by the local registrar of vital statistics of the registration district in which the fetal death occurs, or the body is found.
A burial permit for the product of human conception that suffers a fetal death prior to twenty weeks of gestation shall be issued by the local registrar of vital statistics of the registration district in which the fetal death occurs if either parent files a fetal death certificate with that registrar.
(C)(1) The department of health and the local registrar shall keep a separate record and index record of fetal death certificates.
(2) The personal or statistical information on the fetal death certificate shall be obtained by the funeral director or other person in charge of interment or cremation from the best qualified persons or sources available.
(D) When a burial permit is issued under division (B) of this section for the product of human conception that suffers a fetal death of at least twenty weeks of gestation, the local registrar shall inform the parent or parents listed on the fetal death certificate or provisional death certificate of the option of applying for issuance of a certificate of birth resulting in stillbirth under section 3705.23 of the Revised Code and the process for filing the application.
Sec. 3705.23.  (A)(1) Except as otherwise provided in this section, the director of health, the state registrar, or a local registrar, on receipt of a signed application and the fee specified in section 3705.24 of the Revised Code, shall issue a certified copy of a vital record, or of a part of a vital record, in the director's or registrar's custody to any applicant, unless the vital record has ceased to be a public record pursuant to section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code. The certified copy shall show the date the vital record was registered by the local registrar.
(2) A certified copy of a vital record may be made by a mechanical, electronic, or other reproduction process. It shall be certified as a true copy by the director, state registrar, or local registrar who has custody of the record and shall include the date of issuance, the name of the issuing officer, the signature of the officer or an authorized facsimile of the signature, and the seal of the issuing office.
(3) A certified copy of a vital record or of any part of a vital record, issued in accordance with this section, shall be considered for all purposes the same as the original and shall be prima-facie evidence of the facts stated in it in all courts and places.
(4)(a) Information contained in the "information for medical and health use only" section of a birth record shall not be included as part of a certified copy of the birth record unless the information specifically is requested by the individual to whose birth the record attests, either of the individual's parents or the individual's guardian, a lineal descendant, or an official of the federal or state government or of a political subdivision of the state charged by law with detecting or prosecuting crime.
(b) Except as provided in division (A)(4)(a) of this section, neither the office of vital statistics nor a local registrar shall disclose information contained in the "information for medical and health use only" section of a birth record unless a court, for good cause shown, orders disclosure of the information or the state registrar specifically authorizes release of the information for statistical or research purposes under conditions the state registrar, subject to the approval of the director of health, shall establish by rule.
(B)(1) Unless the applicant specifically requests a certified copy, the director, the state registrar, or a local registrar, on receipt of a signed application for a birth record and the fee specified in section 3705.24 of the Revised Code, may issue a certification of birth, and the certification of birth shall contain at least the name, sex, date of birth, registration date, and place of birth of the person to whose birth the record attests and shall attest that the person's birth has been registered. A certification of birth shall be prima-facie evidence of the facts stated in it in all courts and places.
(2) The director or the state registrar, on the receipt of a signed application for an heirloom certification of birth and the fee specified in section 3705.24 of the Revised Code, may issue an heirloom certification of birth. The director shall prescribe by rule guidelines for the form of an heirloom certification of birth, and the guidelines shall require the heirloom certification of birth to contain at least the name, sex, date of birth, registration date, and place of birth of the person to whose birth the record attests and to attest that the person's birth has been registered. An heirloom certification of birth shall be prima-facie evidence of the facts stated in it in all courts and places.
(3)(a) The director or the state registrar, on the receipt of an application signed by either parent, shall issue a certificate recognizing the delivery of a stillborn infant of birth resulting in stillbirth. The director shall prescribe guidelines by rule for the form of the certificate. The guidelines shall require that the certificate contain at least the name, sex, date of delivery, and place of delivery. The director or the state registrar shall charge no fee for the certificate. A certificate recognizing the delivery of a stillborn infant of birth resulting in stillbirth is not proof of a live birth for purposes of federal, state, and local taxes.
(b) If a parent was previously issued a certificate recognizing the delivery of a stillborn infant, the director or the state registrar, on receipt of a written request signed by the parent, shall reissue the certificate as a certificate of birth resulting in stillbirth.
(C) On evidence that a birth certificate was registered through misrepresentation or fraud, the state registrar may withhold the issuance of a certified copy of the birth record or a certification of birth until a court makes a determination that no misrepresentation or fraud occurred.
Section 2.  That existing sections 3705.20 and 3705.23 of the Revised Code are hereby repealed.
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