HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
HOUSE BILL 1227
48th legislature - STATE OF NEW MEXICO - first session, 2007
AN ACT
RELATING TO VITAL STATISTICS; REQUIRING REGISTRATIONS OF FETAL DEATH FOR CERTAIN SPONTANEOUS FETAL DEATHS; PROVIDING FOR CERTIFICATES OF BIRTH RESULTING IN STILLBIRTH; IMPOSING A FEE; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 24-14-22 NMSA 1978 (being Laws 1961, Chapter 44, Section 20, as amended) is amended to read:
"24-14-22. [REPORTS OF SPONTANEOUS FETAL DEATH] REGISTRATIONS OF FETAL DEATH.--
A. Each spontaneous fetal death that occurs in this state, where the fetus has a weight of five hundred grams or more [which occurs in this state] or that occurs after twenty complete weeks of gestation shall be reported to the state registrar by registration of fetal death with the vital statistics bureau of the public health division of the department or as directed by the state registrar. A fetal death shall be registered within ten days following the spontaneous fetal death.
B. When a [dead fetus is delivered] spontaneous fetal death for which registration of fetal death is required occurs in an institution, the person in charge of the institution or [his] the designated representative of that person shall prepare and [file] register the [report] fetal death and shall advise a parent of the stillborn fetus of the option to request a certificate of birth resulting in stillbirth.
C. When [the] a spontaneous fetal death for which registration of fetal death is required occurs on a moving conveyance and the fetus is first removed from the conveyance in this state [or when a dead fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state], the fetal death shall be registered with the state registrar. The place where the fetus was first removed from the conveyance [or the dead fetus was found] shall be considered the place of fetal death.
D. When a spontaneous fetal death for which registration of fetal death is required occurs and the place of spontaneous fetal death is unknown, the place where the dead fetus was found shall be considered the place of spontaneous fetal death.
[D.] E. When a spontaneous fetal death [required to be reported by this section] for which registration of fetal death is required occurs without medical attendance at or immediately after the delivery or when inquiry is required by law, the state medical investigator shall investigate the cause of fetal death and shall prepare and file [the report] a registration of fetal death.
[E.] F. The names of the parents, if known, shall be entered on the [spontaneous fetal death report] registration of fetal death in accordance with the provisions of Section 24-14-13 NMSA 1978.
[F. Except as otherwise provided in this section, all spontaneous fetal death reports shall be completed and filed with the state registrar within ten days following the spontaneous fetal death.]
G. The name of the stillborn fetus may be entered on the registration of fetal death upon the request of a parent.
H. A delayed registration of fetal death may be filed in accordance with Section 24-14-21 NMSA 1978; provided that the parent may present a copy of the report of spontaneous fetal death or other medical records as established by rule of the state registrar to substantiate the alleged facts of the spontaneous fetal death.
I. Upon the request of a parent of a stillborn fetus, the state registrar shall issue a certificate of fetal death without regard to the date on which a report of spontaneous fetal death was filed or when the fetal death was registered.
J. Registrations of fetal death pursuant to this section shall be kept on file as permanent records."
Section 2. A new section of Chapter 24, Article 14 NMSA 1978 is enacted to read:
"[NEW MATERIAL] CERTIFICATES OF BIRTH RESULTING IN STILLBIRTH.--
A. The state registrar shall establish a certificate of birth resulting in stillbirth. A person required to prepare and register a fetal death shall offer the certificate of birth resulting in stillbirth to the parent or parents of a stillborn child. Upon the request of a parent of a stillborn child, a certificate of birth resulting in stillbirth shall be completed and filed in accordance with Section 24-14-13 NMSA 1978.
B. A delayed registration of a certificate of birth resulting in stillbirth may be filed in accordance with Section 24-14-15 NMSA 1978; provided that a parent of a stillborn child may present a copy of the report of spontaneous fetal death, the registration of fetal death, the certificate of fetal death or other medical records as established by rule of the state registrar to substantiate the alleged facts of the stillbirth.
C. Notwithstanding the provisions of Subsection A of this section and upon the request of a parent whose name is entered on a report of a spontaneous fetal death, a registration of fetal death or a certificate of fetal death, the state registrar shall issue a certificate of birth resulting in stillbirth without regard to the date on which a report of a spontaneous fetal death was filed, when the fetal death was registered or when a certificate of fetal death was issued.
D. The name of the stillborn child may be entered on the certificate of birth resulting in stillbirth upon the request of a parent.
E. The state registrar shall not use a certificate of birth resulting in stillbirth to calculate live birth statistics."
Section 3. Section 24-14-29 NMSA 1978 (being Laws 1961, Chapter 44, Section 27, as amended) is amended to read:
"24-14-29. FEES FOR COPIES AND SEARCHES.--
A. The fee for each search of a vital record to produce a certified copy of a birth certificate shall be ten dollars ($10.00) and shall include one certified copy of the record, if available.
B. The fee for the establishment of a delayed record or for the revision or amendment of a vital record, as a result of an adoption, a legitimation, a correction or other court-ordered change to a vital record, shall be ten dollars ($10.00). The fee shall include one certified copy of the delayed record.
C. The fee for each search of a vital record to produce a certified copy of a certificate of fetal death or a certificate of birth resulting in stillbirth shall be five dollars ($5.00) and shall include one certified copy of the record, if available.
[C.] D. The fee for each search of a vital record to produce a certified copy of a death certificate shall be five dollars ($5.00) and shall include one certified copy of the record, if available.
[D.] E. Revenue from the fees imposed in this section shall be distributed as follows:
(1) an amount equal to three-fifths of the revenue from the fee imposed by Subsection A of this section, an amount equal to one-half of the revenue from the fee imposed by Subsection B of this section and an amount equal to one-fifth of the revenue from the fee imposed by Subsection [C] D of this section shall be distributed to the day-care fund; and
(2) the remainder of the revenue from the fees imposed by Subsections A, B [and], C and D of this section shall be deposited in the state general fund."
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