S. B. No. 175 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 175

Senator Coughlin

Cosponsors: Senators Clancy, Carey, Schuler, Buehrer, Jacobson, Goodman

A BILL

To amend sections 3705.01 and 3705.20 and to enact 1
sections 517.071, 759.49, 1721.091, 3727.16, and 2
4731.82 of the Revised Code to enact the Grieving 3
Parents Act, regarding fetal death certificates 4
for, and burials of, the product of human 5
conception that suffers a fetal death. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3705.01 and 3705.20 be amended and 7
sections 517.071, 759.49, 1721.091, 3727.16, and 4731.82 of the 8
Revised Code be enacted to read as follows: 9

       Sec. 517.071. The product of human conception that suffers a 10
fetal death as defined in section 3705.01 of the Revised Code and 11
for which a burial permit has been issued shall be interred in a 12
single grave within a township cemetery that contains, or will 13
contain, the remains of a parent, sibling, or grandparent, upon 14
request of the parent. 15

       Sec. 759.49. The product of human conception that suffers a 16
fetal death as defined in section 3705.01 of the Revised Code and 17
for which a burial permit has been issued shall be interred in a 18
single grave within a cemetery described in this chapter that 19
contains, or will contain, the remains of a parent, sibling, or 20
grandparent, upon request of the parent. 21

       Sec. 1721.091. A cemetery company or association, upon 22
request of the parent, shall permit the product of human 23
conception that suffers a fetal death as defined in section 24
3705.01 of the Revised Code and for which a burial permit has been 25
issued to be interred in a single grave within the cemetery that 26
contains, or will contain, the remains of a parent, sibling, or 27
grandparent. 28

       Sec. 3705.01. As used in this chapter: 29

       (A) "Live birth" means the complete expulsion or extraction 30
from its mother of a product of human conception that after such 31
expulsion or extraction breathes or shows any other evidence of 32
life such as beating of the heart, pulsation of the umbilical 33
cord, or definite movement of voluntary muscles, whether or not 34
the umbilical cord has been cut or the placenta is attached. 35

       (B)(1) "Fetal death" means death of the product of human 36
conception prior to the complete expulsion or extraction from its 37
mother ~~of a product of human conception of at least twenty weeks~~ 38
~~of gestation~~, which after such expulsion or extraction does not 39
breathe or show any other evidence of life such as beating of the 40
heart, pulsation of the umbilical cord, or definite movement of 41
voluntary muscles. 42

       (2) "Stillborn" means that an infant suffered a fetal death 43
after at least twenty weeks of gestation. 44

       (C) "Dead body" means a human body or part of a human body 45
from the condition of which it reasonably may be concluded that 46
death recently occurred. 47

       (D) "Physician" means a person licensed pursuant to Chapter 48
4731. of the Revised Code to practice medicine or surgery or 49
osteopathic medicine and surgery. 50

       (E) "Attending physician" means the physician in charge of 51
the patient's care for the illness or condition that resulted in 52
death. 53

       (F) "Institution" means any establishment, public or private, 54
that provides medical, surgical, or diagnostic care or treatment, 55
or domiciliary care, to two or more unrelated individuals, or to 56
persons committed by law. 57

       (G) "Funeral director" has the meaning given in section 58
4717.01 of the Revised Code. 59

       (H) "State registrar" means the head of the office of vital 60
statistics in the department of health. 61

       (I) "Medical certification" means completion of the medical 62
certification portion of the certificate of death or fetal death 63
as to the cause of death or fetal death. 64

       (J) "Final disposition" means the interment, cremation, 65
removal from the state, donation, or other authorized disposition 66
of a dead body or a fetal death. 67

       (K) "Interment" means the final disposition of the remains of 68
a dead body by burial or entombment. 69

       (L) "Cremation" means the reduction to ashes of a dead body. 70

       (M) "Donation" means gift of a dead body to a research 71
institution or medical school. 72

       (N) "System of vital statistics" means the registration, 73
collection, preservation, amendment, and certification of vital 74
records, the collection of other reports required by this chapter, 75
and activities related thereto. 76

       (O) "Vital records" means certificates or reports of birth, 77
death, fetal death, marriage, divorce, dissolution of marriage, 78
annulment, and data related thereto and other documents maintained 79
as required by statute. 80

       (P) "File" means the presentation of vital records for 81
registration by the office of vital statistics. 82

       (Q) "Registration" means the acceptance by the office of 83
vital statistics and the incorporation of vital records into its 84
official records. 85

       (R) "Birth record" means a birth certificate that has been 86
registered with the office of vital statistics; or, if registered 87
prior to ~~the effective date of this section~~March 16, 1989, with 88
the division of vital statistics; or, if registered prior to the 89
establishment of the division of vital statistics, with the 90
department of health or a local registrar. 91

       (S) "Certification of birth" means a document issued by the 92
director of health or state registrar or a local registrar under 93
division (B) of section 3705.23 of the Revised Code. 94

       Sec. 3705.20. A(A) The fetal death of the product of human 95
conception after at least twenty weeks of gestation shall be 96
registered on a fetal death certificate. AThe fetal death of the 97
product of human conception prior to twenty weeks of gestation 98
shall be registered on a fetal death certificate upon application 99
by either parent. 100

       (B) The product of human conception that suffers a fetal 101
death which occurs in Ohio shall not be interred, deposited in a 102
vault or tomb, cremated, or otherwise disposed of by a funeral 103
director or other person until a fetal death certificate or 104
provisional death certificate has been filed with and a burial 105
permit is issued by the local registrar of vital statistics of the 106
registration district in which the fetal death occurs, or the body 107
is found. ~~The~~ 108

       (C)(1) The department of health and the local registrar shall 109
keep a separate record and index record of fetal death 110
certificates. 111

       (2) The personal or statistical information on the fetal 112
death certificate shall be obtained by the funeral director or 113
other person in charge of interment or cremation from the best 114
qualified persons or sources available. 115

       Sec. 3727.16. If a woman presents herself at a hospital as a 116
result of a fetal death, or potential fetal death, as defined in 117
section 3705.01 of the Revised Code, the hospital shall provide 118
the woman with the following information: 119

       (A) The right of either parent to apply for a fetal death 120
certificate pursuant to section 3705.20 of the Revised Code; 121

       (B) The hospital's procedures for disposing of the product of 122
human conception that has suffered a fetal death prior to twenty 123
weeks of gestation. 124

       Sec. 4731.82. (A) As used in this section, "physician" means 125
an individual holding a certificate to practice medicine and 126
surgery or osteopathic medicine and surgery pursuant to this 127
chapter. 128

       (B) If a woman presents herself as a result of a fetal death, 129
or potential fetal death, as defined in section 3705.01 of the 130
Revised Code, at a physician's office, the physician shall provide 131
the woman with the following information: 132

       (1) The right of either parent to apply for a fetal death 133
certificate pursuant to section 3705.20 of the Revised Code; 134

       (2) The physician's procedures for disposing of the product 135
of human conception that has suffered a fetal death prior to 136
twenty weeks of gestation. 137

       Section 2. That existing sections 3705.01 and 3705.20 of the 138
Revised Code are hereby repealed. 139

       Section 3. This act shall be known as "The Grieving Parents 140
Act." 141

Section 1. That sections 3705.01 and 3705.20 be amended and	7
sections 517.071, 759.49, 1721.091, 3727.16, and 4731.82 of the	8
Revised Code be enacted to read as follows:	9

Sec. 517.071. The product of human conception that suffers a	10
fetal death as defined in section 3705.01 of the Revised Code and	11
for which a burial permit has been issued shall be interred in a	12
single grave within a township cemetery that contains, or will	13
contain, the remains of a parent, sibling, or grandparent, upon	14
request of the parent.	15

Sec. 759.49. The product of human conception that suffers a	16
fetal death as defined in section 3705.01 of the Revised Code and	17
for which a burial permit has been issued shall be interred in a	18
single grave within a cemetery described in this chapter that	19
contains, or will contain, the remains of a parent, sibling, or	20
grandparent, upon request of the parent.	21

Sec. 1721.091. A cemetery company or association, upon	22
request of the parent, shall permit the product of human	23
conception that suffers a fetal death as defined in section	24
3705.01 of the Revised Code and for which a burial permit has been	25
issued to be interred in a single grave within the cemetery that	26
contains, or will contain, the remains of a parent, sibling, or	27
grandparent.	28

(A) "Live birth" means the complete expulsion or extraction	30
from its mother of a product of human conception that after such	31
expulsion or extraction breathes or shows any other evidence of	32
life such as beating of the heart, pulsation of the umbilical	33
cord, or definite movement of voluntary muscles, whether or not	34
the umbilical cord has been cut or the placenta is attached.	35

(B)(1) "Fetal death" means death of the product of human	36
conception prior to the complete expulsion or extraction from its	37
mother ~~of a product of human conception of at least twenty weeks~~	38
~~of gestation~~, which after such expulsion or extraction does not	39
breathe or show any other evidence of life such as beating of the	40
heart, pulsation of the umbilical cord, or definite movement of	41
voluntary muscles.	42

(2) "Stillborn" means that an infant suffered a fetal death	43
after at least twenty weeks of gestation.	44

(C) "Dead body" means a human body or part of a human body	45
from the condition of which it reasonably may be concluded that	46
death recently occurred.	47

(D) "Physician" means a person licensed pursuant to Chapter	48
4731. of the Revised Code to practice medicine or surgery or	49
osteopathic medicine and surgery.	50

(E) "Attending physician" means the physician in charge of	51
the patient's care for the illness or condition that resulted in	52
death.	53

(F) "Institution" means any establishment, public or private,	54
that provides medical, surgical, or diagnostic care or treatment,	55
or domiciliary care, to two or more unrelated individuals, or to	56
persons committed by law.	57

(G) "Funeral director" has the meaning given in section	58
4717.01 of the Revised Code.	59

(H) "State registrar" means the head of the office of vital	60
statistics in the department of health.	61

(I) "Medical certification" means completion of the medical	62
certification portion of the certificate of death or fetal death	63
as to the cause of death or fetal death.	64

(J) "Final disposition" means the interment, cremation,	65
removal from the state, donation, or other authorized disposition	66
of a dead body or a fetal death.	67

(K) "Interment" means the final disposition of the remains of	68
a dead body by burial or entombment.	69

(M) "Donation" means gift of a dead body to a research	71
institution or medical school.	72

(N) "System of vital statistics" means the registration,	73
collection, preservation, amendment, and certification of vital	74
records, the collection of other reports required by this chapter,	75
and activities related thereto.	76

(O) "Vital records" means certificates or reports of birth,	77
death, fetal death, marriage, divorce, dissolution of marriage,	78
annulment, and data related thereto and other documents maintained	79
as required by statute.	80

(P) "File" means the presentation of vital records for	81
registration by the office of vital statistics.	82

(Q) "Registration" means the acceptance by the office of	83
vital statistics and the incorporation of vital records into its	84
official records.	85

(R) "Birth record" means a birth certificate that has been	86
registered with the office of vital statistics; or, if registered	87
prior to ~~the effective date of this section~~March 16, 1989, with	88
the division of vital statistics; or, if registered prior to the	89
establishment of the division of vital statistics, with the	90
department of health or a local registrar.	91

(S) "Certification of birth" means a document issued by the	92
director of health or state registrar or a local registrar under	93
division (B) of section 3705.23 of the Revised Code.	94

Sec. 3705.20. A(A) The fetal death of the product of human	95
conception after at least twenty weeks of gestation shall be	96
registered on a fetal death certificate. AThe fetal death of the	97
product of human conception prior to twenty weeks of gestation	98
shall be registered on a fetal death certificate upon application	99
by either parent.	100

(B) The product of human conception that suffers a fetal	101
death which occurs in Ohio shall not be interred, deposited in a	102
vault or tomb, cremated, or otherwise disposed of by a funeral	103
director or other person until a fetal death certificate or	104
provisional death certificate has been filed with and a burial	105
permit is issued by the local registrar of vital statistics of the	106
registration district in which the fetal death occurs, or the body	107
is found. ~~The~~	108

(C)(1) The department of health and the local registrar shall	109
keep a separate record and index record of fetal death	110
certificates.	111

(2) The personal or statistical information on the fetal	112
death certificate shall be obtained by the funeral director or	113
other person in charge of interment or cremation from the best	114
qualified persons or sources available.	115

Sec. 3727.16. If a woman presents herself at a hospital as a	116
result of a fetal death, or potential fetal death, as defined in	117
section 3705.01 of the Revised Code, the hospital shall provide	118
the woman with the following information:	119

(A) The right of either parent to apply for a fetal death	120
certificate pursuant to section 3705.20 of the Revised Code;	121

(B) The hospital's procedures for disposing of the product of	122
human conception that has suffered a fetal death prior to twenty	123
weeks of gestation.	124