|
|
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 |
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 | 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 | 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 |
| 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 |
| 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. | 187 |
conception of at least twenty weeks of gestation shall be | 188 |
registered on a fetal
death certificate. | 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 | 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 |
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 |