As Reported by the Senate Health, Human Services and Aging Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 175

Senator Coughlin 

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

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A BILL

To amend sections 3705.01, 3705.16, 3705.20, and

1

3705.29 and to enact sections 517.071, 759.49,

2

1721.071, 3727.16, 4731.82, and 4765.57 of the

3

Revised Code to enact the Grieving Parents Act,

4

regarding fetal death certificates for, and

5

burials of, the product of human conception that

6

suffers a fetal death.

7

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

Section 1.  That sections 3705.01, 3705.16, 3705.20, and	8
3705.29 be amended and sections 517.071, 759.49, 1721.071,	9
3727.16, 4731.82, and 4765.57 of the Revised Code be enacted to	10
read as follows:	11

Sec. 517.071.  (A) As used in this section, "fetal death" has	12
the same meaning as in section 3705.01 of the Revised Code.	13

(B) A board of township trustees may adopt rules for any	14
township cemetery over which it has control for the burial,	15
re-interment, or disinterment of the product of a fetal death.	16

(C) With regard to the product of a fetal death, on the	17
request of the mother, a township cemetery shall inter the	18
product of the fetal death in accordance with one of the	19
following:	20

(1) In a single grave within the cemetery that contains, or	21
will contain, the remains of a parent, sibling, or grandparent;	22

(2) In another location of the cemetery, including a separate	23
burial ground for infants, on a temporary or permanent basis.	24

(D) If the mother provides written consent, re-interment or	25
disinterment of the product of a fetal death buried in accordance	26
with division (C)(2) of this section is not subject to section	27
517.23 or 517.24 of the Revised Code.	28

Sec. 759.49.  (A) As used in this section, "fetal death" has	29
the same meaning as in section 3705.01 of the Revised Code.	30

(B) The legislative authority of a municipal corporation	31
owning a public burial ground or cemetery, whether within or	32
without the municipal corporation, may pass and provide for the	33
enforcement of ordinances for the burial, re-interment, or	34
disinterment of the product of a fetal death in that public	35
burial ground or cemetery.	36

(C) With regard to the product of a fetal death, on the	37
request of the mother, a public burial ground or cemetery shall	38
inter the product of the fetal death in accordance with one of	39
the following:	40

(1) In a single grave within the public burial ground or	41
cemetery that contains, or will contain, the remains of a parent,	42
sibling, or grandparent;	43

(2) In another location of the public burial ground or	44
cemetery, including a separate burial ground for infants, on a	45
temporary or permanent basis.	46

(D) If the mother provides written consent, re-interment or	47
disinterment of the product of a fetal death buried in accordance	48
with division (C)(2) of this section is not subject to section	49
517.23 or 517.24 of the Revised Code.	50

Sec. 1721.071.  (A) As used in this section, "fetal death"	51
has the same meaning as in section 3705.01 of the Revised Code.	52

(B) A cemetery company or association may prescribe rules for	53
the burial, re-interment, or disinterment of the product of a	54
fetal death.	55

(C) With regard to the product of a fetal death, on the	56
request of the mother, a cemetery company or association shall	57
inter the product of the fetal death in accordance with one of	58
the following:	59

(1) In a single grave within the cemetery that contains, or	60
will contain, the remains of a parent, sibling, or grandparent;	61

(2) In another location of the cemetery, including a separate	62
burial ground for infants, on a temporary or permanent basis.	63

(D) If the mother provides written consent, re-interment or	64
disinterment of the product of a fetal death buried in accordance	65
with division (C)(2) of this section is not subject to section	66
517.23 or 517.24 of the Revised Code.	67

Sec. 3705.01.  As used in this chapter:

68

(A) "Live birth" means the complete expulsion or extraction	69
from its mother of a product of human conception that after such	70
expulsion or extraction breathes or shows any other evidence of	71
life such as beating of the heart, pulsation of the umbilical	72
cord, or definite movement of voluntary muscles, whether or not	73
the umbilical cord has been cut or the placenta is attached.	74

(B)(1) "Fetal death" means death prior to the complete	75
expulsion or extraction from its mother of a product of human	76
conception of at least twenty weeks of gestation,, irrespective	77
of the duration of pregnancy which is not the purposeful	78
termination of a pregnancy as described in section 2919.11 of the	79
Revised Code and which after such expulsion or extraction does not	80
breathe or show any other evidence of life such as beating of the	81
heart, pulsation of the umbilical cord, or definite movement of	82
voluntary muscles.	83

(2) "Stillborn" means that an infant suffered a fetal death	84
of at least twenty weeks of gestation.	85

(C) "Dead body" means a human body or part of a human body	86
from the condition of which it reasonably may be concluded that	87
death recently occurred.	88

(D) "Physician" means a person licensed pursuant to Chapter	89
4731. of the Revised Code to practice medicine or surgery or	90
osteopathic medicine and surgery.	91

(E) "Attending physician" means the physician in charge of	92
the patient's care for the illness or condition that resulted in	93
death.	94

(F) "Institution" means any establishment, public or private,	95
that provides medical, surgical, or diagnostic care or treatment,	96
or domiciliary care, to two or more unrelated individuals, or to	97
persons committed by law.	98

(G) "Funeral director" has the meaning given in section	99
4717.01 of the Revised Code.	100

(H) "State registrar" means the head of the office of vital	101
statistics in the department of health.	102

(I) "Medical certification" means completion of the medical	103
certification portion of the certificate of death or fetal death	104
as to the cause of death or fetal death.	105

(J) "Final disposition" means the interment, cremation,	106
removal from the state, donation, or other authorized disposition	107
of a dead body or a fetal death.	108

(K) "Interment" means the final disposition of the remains of	109
a dead body by burial or entombment.	110

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

111

(M) "Donation" means gift of a dead body to a research	112
institution or medical school.	113

(N) "System of vital statistics" means the registration,	114
collection, preservation, amendment, and certification of vital	115
records, the collection of other reports required by this chapter,	116
and activities related thereto.	117

(O) "Vital records" means certificates or reports of birth,	118
death, fetal death, marriage, divorce, dissolution of marriage,	119
annulment, and data related thereto and other documents maintained	120
as required by statute.	121

(P) "File" means the presentation of vital records for	122
registration by the office of vital statistics.	123

(Q) "Registration" means the acceptance by the office of	124
vital statistics and the incorporation of vital records into its	125
official records.	126

(R) "Birth record" means a birth certificate that has been	127
registered with the office of vital statistics; or, if registered	128
prior to the effective date of this sectionMarch 16, 1989, with	129
the division of vital statistics; or, if registered prior to the	130
establishment of the division of vital statistics, with the	131
department of health or a local registrar.	132

(S) "Certification of birth" means a document issued by the	133
director of health or state registrar or a local registrar under	134
division (B) of section 3705.23 of the Revised Code.	135

Sec. 3705.16. (A) For purposes of this section	136
notwithstanding section 3705.01 of the Revised Code, "fetal death"	137
does not include death of the product of human conception prior to	138
twenty weeks of gestation.	139

(B) Each death or fetal death that occurs in this state shall	140
be registered with the local registrar of vital statistics of the	141
district in which the death or fetal death occurred, by the	142
funeral director or other person in charge of the final	143
disposition of the remains. The personal and statistical	144
information in the death or fetal death certificate shall be	145
obtained from the best qualified persons or sources available, by	146
the funeral director or other person in charge of the final	147
disposition of the remains. The statement of facts relating to the	148
disposition of the body and information relative to the armed	149
services referred to in section 3705.19 of the Revised Code shall	150
be signed by the funeral director or other person in charge of the	151
final disposition of the remains.	152

(B)(C) The funeral director or other person in charge of the	153
final disposition of the remains shall present the death or fetal	154
death certificate to the attending physician of the decedent, the	155
coroner, or the medical examiner, as appropriate for certification	156
of the cause of death. If a death or fetal death occurs under any	157
circumstances mentioned in section 313.12 of the Revised Code, the	158
coroner in the county in which the death occurs, or a deputy	159
coroner, medical examiner, or deputy medical examiner serving in	160
an equivalent capacity, shall certify the cause of death unless	161
that death was reported to the coroner, deputy coroner, medical	162
examiner, or deputy medical examiner and that person, after a	163
preliminary examination, declined to assert jurisdiction with	164
respect to the death or fetal death. A physician other than the	165
coroner in the county in which a death or fetal death occurs, or a	166
deputy coroner, medical examiner, or deputy medical examiner	167
serving in an equivalent capacity, may certify only those deaths	168
that occur under natural circumstances.	169

The medical certificate of death shall be completed and	170
signed by the physician who attended the decedent or by the	171
coroner or medical examiner, as appropriate, within forty-eight	172
hours after the death or fetal death. A coroner or medical	173
examiner may satisfy the requirement of signing a medical	174
certificate showing the cause of death or fetal death as pending	175
either by stamping it with a stamp of the coroner's or medical	176
examiner's signature or by signing it in the coroner's or medical	177
examiner's own hand, but the coroner or medical examiner shall	178
sign any other medical certificate of death or supplementary	179
medical certification in the coroner's or medical examiner's own	180
hand.	181

(C)(D) Any death certificate registered pursuant to this	182
section shall contain the social security number of the decedent,	183
if available. A social security number obtained under this	184
section is a public record under section 149.43 of the Revised	185
Code.	186

Sec. 3705.20. A(A) The fetal death of the product of human	187
conception of at least twenty weeks of gestation shall be	188
registered on a fetal death certificate. A	189

The fetal death of the product of human conception prior to	190
twenty weeks of gestation shall be registered on a fetal death	191
certificate upon application by the mother. A fetal death	192
certificate for the product of human conception prior to twenty	193
weeks gestation is not proof of a live birth for purposes of	194
federal, state, and local taxes.	195

(B) The product of human conception that suffers a fetal	196
death which occursof at least twenty weeks of gestation occurring	197
in Ohio shall not be interred, deposited in a vault or tomb,	198
cremated, or otherwise disposed of by a funeral director or other	199
person until a fetal death certificate or provisional death	200
certificate has been filed with and a burial permit is issued by	201
the local registrar of vital statistics of the registration	202
district in which the fetal death occurs, or the body is found.	203
The	204

A burial permit for the product of human conception that	205
suffers a fetal death prior to twenty weeks of gestation shall be	206
issued by the local registrar of vital statistics of the	207
registration district in which the fetal death occurs if the	208
mother files a fetal death certificate with that registrar.	209

(C)(1) The department of health and the local registrar shall	210
keep a separate record and index record of fetal death	211
certificates.	212

(2) The personal or statistical information on the fetal	213
death certificate shall be obtained by the funeral director or	214
other person in charge of interment or cremation from the best	215
qualified persons or sources available.	216

Sec. 3705.29.  (A) No person shall do any of the following:

217

(1) Purposely make any false statement in a certificate,	218
record, or report required by this chapter or in an application or	219
amendment of it, or purposely supply false information with the	220
intent that that information be used in the preparation of any	221
such report, record, or certificate, or amendment of it;	222

(2) Without lawful authority and with intent to deceive,	223
counterfeit, alter, amend, or mutilate any certificate, record, or	224
report required by this chapter or any certified copy of it;	225

(3) Purposely obtain, possess, use, sell, furnish, or attempt	226
to obtain, possess, use, sell, or furnish to another for the	227
purpose of deception any certificate, record, or report required	228
by this chapter or any certified copy of it, or any certificate,	229
record, or report that is counterfeit, altered, or amended or	230
false in whole or part;	231

(4) Purposely obtain, possess, use, sell, furnish, or attempt	232
to obtain, possess, use, sell, or furnish to another for the	233
purpose of deception any certificate, record, or report required	234
by this chapter, or any certified copy of it, that relates to the	235
birth of another person, whether living or dead;	236

(5) Without lawful authority, possess any certificate,	237
record, or report required by this chapter or any copy of such a	238
certificate, record, or report, knowing it to have been stolen or	239
otherwise unlawfully obtained.	240

(B) No person employed by the office of vital statistics or a	241
local registrar shall purposely furnish or possess a birth record	242
or certified copy of a birth record with intent that it be used	243
for deception.	244

(C) No person shall do any of the following:

245

(1) Purposely refuse to provide information required by this	246
chapter or rules adopted under it;	247

(2) Purposely transport out of this state or accept for	248
interment or other disposition a dead body without a permit	249
required by this chapter;	250

(3) Knowingly prepare, issue, sell, or give any record or	251
certificate that is alleged to be an original vital record or a	252
certified copy of a vital record if the person knows or has reason	253
to know that it is not an original vital record or a certified	254
copy of a vital record;	255

(4) Refuse to comply with the requirements of this chapter or	256
violate any of the provisions of this chapter.	257

(D) No officer or employee of the department of health shall	258
knowingly reveal or provide any information contained in an	259
adoption file maintained by the department under section 3705.12	260
of the Revised Code to any person, or knowingly reveal or provide	261
the contents of an adoption file to any person, unless authorized	262
to do so by section 3705.12 of the Revised Code.	263

(E) If a death, or a fetal death of at least twenty weeks of	264
gestation, occurs under any circumstances mentioned in section	265
313.12 of the Revised Code, the coroner of the county in which the	266
death or fetal death occurs, or a deputy coroner, medical	267
examiner, or deputy medical examiner serving in an equivalent	268
capacity, shall certify the cause of that death unless the death	269
was reported to the coroner, deputy coroner, medical examiner, or	270
deputy medical examiner and that person, after a preliminary	271
examination, declined to assert jurisdiction with respect to the	272
death or fetal death.	273

(F) No physician other than the coroner in the county in	274
which a death, or a fetal death of at least twenty weeks of	275
gestation, occurs, or a deputy coroner, medical examiner, or	276
deputy medical examiner serving in an equivalent capacity, may	277
certify any death or fetal death that occurs under any	278
circumstances other than natural.	279

(G) If a death, or a fetal death of at least twenty weeks of	280
gestation, occurs under any circumstances mentioned in section	281
313.12 of the Revised Code, no person shall knowingly present a	282
death or fetal death certificate for the purpose of obtaining	283
certification of the cause of death to any physician other than	284
the coroner in the county in which the death or fetal death	285
occurred, or to a deputy coroner, medical examiner, or deputy	286
medical examiner serving in an equivalent capacity, unless that	287
death or fetal death was reported to the coroner, deputy coroner,	288
medical examiner, or deputy medical examiner and that person,	289
after a preliminary examination, declined to assert jurisdiction	290
with respect to the death or fetal death.	291

(H) No person, with intent to defraud or knowing that the	292
person is facilitating a fraud, shall do either of the following:	293

(1) Certify a cause of death in violation of the prohibition	294
of division (E) or (F) of this section;	295

(2) Obtain or attempt to obtain a certification of the cause	296
of a death or fetal death in violation of the prohibition of	297
division (G) of this section.	298

Sec. 3727.16.  (A) As used in this section, "fetal death" has	299
the same meaning as in section 3705.01 of the Revised Code,	300
except that it does not include the product of human conception of	301
at least twenty weeks of gestation.	302

(B) If a woman presents herself at a hospital as a result of	303
a fetal death, the hospital shall provide the woman with the	304
following information:	305

(1) The right of the woman to apply for a fetal death	306
certificate pursuant to section 3705.20 of the Revised Code;	307

(2) The hospital's procedures for disposing of the product of	308
a fetal death.	309

A hospital or hospital employee may present the information	310
required by this division through oral or written means and	311
document that the information has been provided with a note in the	312
mother's medical record.	313

(C) A hospital or hospital employee is immune from civil or	314
criminal liability or professional disciplinary action with regard	315
to any action taken in good faith compliance with this section.	316

Sec. 4731.82.  (A) As used in this section:

317

"Fetal death" has the same meaning as in section 3705.01 of	318
the Revised Code, except that it does not include the product of	319
human conception of at least twenty weeks of gestation.	320

"Physician" means an individual holding a certificate to	321
practice medicine and surgery or osteopathic medicine and surgery	322
pursuant to this chapter.	323

(B) If a woman presents herself to a physician as a result of	324
a fetal death, the physician shall provide the woman with the	325
following information:	326

(1) The right of the woman to apply for a fetal death	327
certificate pursuant to section 3705.20 of the Revised Code;	328

(2) The physician's procedures for disposing of the product	329
of a fetal death.	330

A physician may present the information required by this	331
division through oral or written means and document that the	332
information has been provided with a note in the mother's medical	333
record.	334

(C) A physician is immune from civil or criminal liability or	335
professional disciplinary action with regard to any action taken	336
in good faith compliance with this section.	337

Sec. 4765.57.  (A) As used in this section, "fetal death" has	338
the same meaning as in section 3705.01 of the Revised Code.	339

(B) Emergency medical service personnel shall dispose of the	340
product of a fetal death in the manner set forth for the	341
disposition of fetal remains in the "emergency medical	342
technician-basic: national standard curriculum."	343

Section 2.  That existing sections 3705.01, 3705.16, 3705.20,	344
and 3705.29 of the Revised Code are hereby repealed.	345

Section 3. This act shall be known as "The Grieving Parents	346
Act."	347