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

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

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

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

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

Sec. 3705.01.  As used in this chapter:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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