HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 658

51st legislature - STATE OF NEW MEXICO - first session, 2013

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; REQUIRING REGISTRATION OF FETAL DEATH FOR CERTAIN SPONTANEOUS FETAL DEATHS; PROVIDING FOR CERTIFICATES OF STILL BIRTH; IMPOSING A FEE; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 24-14-1 NMSA 1978 (being Laws 1961, Chapter 44, Section 1) is amended to read:

     "24-14-1. SHORT TITLE.--[This act] Chapter 24, Article 14 NMSA 1978 may be cited as the "Vital Statistics Act"."

     SECTION 2. 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.--

          [A. Each spontaneous fetal death, where the fetus has a weight of five hundred grams or more, which occurs in this state shall be reported to the state registrar.

          B. When a dead fetus is delivered in an institution, the person in charge of the institution or his designated representative shall prepare and file the report.]

          A. Each spontaneous fetal death that occurs in this state after the fetus has attained a gestational age of at least twenty weeks, or if gestational age is unknown when the fetus weighs not less than three hundred fifty grams, shall be reported to the state registrar within ten days of fetal death with the bureau or as the state registrar directs.

          B. The state registrar shall incorporate registrations of fetal death into the vital records of the bureau.

          C. When a spontaneous fetal death required to be reported by this section occurs in an institution, the person in charge of the institution or the designated representative of that person shall report the spontaneous fetal death and shall advise the woman who delivered under circumstances in which spontaneous fetal death occurred, or a family member whom the woman designates, of the option to request a report of spontaneous fetal death and a certificate of still birth.

          [C.] D. When [the] a spontaneous fetal death for which a report of spontaneous 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 place where the fetus was first removed from the conveyance [or the dead fetus was found] shall be considered the place of fetal death.

          E. When a spontaneous fetal death required to be reported by this section occurs and the place of the spontaneous fetal death is unknown, the place where the dead fetus was found shall be considered the place of spontaneous fetal death.

          [D.] F. When a spontaneous fetal death required to be reported by this section 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.

          [E.] G. The [names] name of the [parents] woman who delivered under circumstances in which a spontaneous fetal death occurred and, if the woman requests it, the name of the father or second parent shall be entered on the spontaneous fetal death report 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.]

          H. When a spontaneous fetal death occurs, the state registrar shall record the name of the fetus upon the registration of spontaneous fetal death when requested by the woman who delivered under circumstances in which the spontaneous fetal death occurred, or when requested by a family member whom the woman designates.

          I. A delayed registration of spontaneous fetal death may be filed in accordance with Section 24-14-21 NMSA 1978; provided that the woman who delivered under circumstances in which a spontaneous fetal death occurred, or a family member whom the woman designates, may present a copy of the report of spontaneous fetal death or other medical records by the woman's health care provider, who attended the delivery or who has received the woman's medical records as they pertain to the delivery, to substantiate the alleged facts of the spontaneous fetal death as the state registrar establishes by rule.

          J. When the bureau has in its files a registration of spontaneous fetal death or receives evidence of a spontaneous fetal death, the state registrar shall produce a copy of a report of spontaneous fetal death upon the request of the woman who delivered under circumstances in which a spontaneous fetal death occurred, or upon the request of a family member whom the woman designates, without regard to the date on which a report of spontaneous fetal death was filed or when the spontaneous fetal death was registered.

          K. For purposes of this section, "still birth" means an unintended, intrauterine spontaneous fetal death that occurs:

                (1) after the fetus has attained a gestational age of at least twenty weeks; or

                (2) when the fetus has attained a weight of not less than three hundred fifty grams, if gestational age is unknown."

     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 copy of a report of spontaneous fetal death or a certificate of still birth shall be five dollars ($5.00) and shall include one certified copy of the record of fetal death, 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."

     SECTION 4. A new section of the Vital Statistics Act is enacted to read:

     "[NEW MATERIAL] CERTIFICATES OF STILL BIRTH.--

          A. The state registrar shall establish a certificate of still birth. A person required to report a spontaneous fetal death shall inform a woman who has delivered under circumstances in which a spontaneous fetal death has occurred, or a family member whom the woman designates, that the report of spontaneous fetal death and a certificate of still birth are available from the bureau upon request. Upon the request of a woman who delivered under circumstances in which a spontaneous fetal death occurred, or the request of a family member whom the woman designates, a certificate of still birth shall be completed and filed in accordance with Section 24-14-13 NMSA 1978.

          B. Notwithstanding the provisions of Subsection A of this section, and upon the request of a woman who delivered under circumstances in which a spontaneous fetal death occurred, or the request of a family member whom the woman designates, the state registrar shall issue a certificate of still birth without regard to the date on which a report of spontaneous fetal death was filed, when the spontaneous fetal death was registered or when a report of spontaneous fetal death was issued.

          C. A certificate of still birth shall include:

                (1) the following sentence: "THIS CERTIFICATE OF STILL BIRTH CANNOT BE USED AS PROOF OF A LIVE BIRTH, FOR IDENTIFICATION OR FOR ANY OTHER PURPOSE."; and

                (2) only those of the following that are requested by the woman who delivered under circumstances in which a spontaneous fetal death occurred:

                     (a) the sex of the still-born fetus;

                     (b) the record number of the report of spontaneous fetal death;

                     (c) the date and time of delivery;

                     (d) the county of delivery; or

                     (e) the full name, birth date and birthplace of the woman who delivered under circumstances in which a spontaneous fetal death occurred. 

          D. Upon the request of the woman who delivered under circumstances in which a spontaneous fetal death occurred, the certificate of still birth shall include a name for the fetus delivered under circumstances in which the spontaneous fetal death occurred.

          E. A certificate of still birth shall not be used to calculate live birth statistics.

          F. This section provides for a person's right to request a certificate of still birth and the procedures pursuant to which a person may obtain a certificate of still birth. The provisions of this section shall not be construed to create any other right, privilege or entitlement or to abrogate any existing right, privilege or entitlement.

          G. For purposes of this section, "still birth" means an unintended, intrauterine spontaneous fetal death that occurs:

                (1) after the fetus has attained a gestational age of at least twenty weeks; or

                (2) when the fetus has attained a weight of not less than three hundred fifty grams, if gestational age is unknown."

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2014.

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