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2006 SESSION

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063864784
SENATE BILL NO. 647 Offered January 17, 2006 A BILL to amend and reenact § 32.1-258.1 of the Code of Virginia, relating to certificate of birth resulting in stillbirth. ---------- Patron-- O'Brien ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 32.1-258.1 of the Code of Virginia is amended and reenacted as follows:

§ 32.1-258.1. Certificate of Birth Resulting in Stillbirth; requirements.

Upon the request of either individual listed as the mother or father on a report of fetal death in the Commonwealth as defined in § 32.1-264, the State Registrar shall issue a Certificate of Birth Resulting in Stillbirth for unintended, intrauterine fetal deaths occurring after a gestational period of 20 weeks or more. The requesting mother or father may, but shall not be required to, provide a name for the stillborn child on the Certificate of Birth Resulting in Stillbirth. The Board of Health shall prescribe a reasonable fee to cover the administrative cost and preparation of such certificate.

This section shall apply retroactively to (i) any circumstances that would have resulted in the issuance of a Certificate of Birth Resulting in Stillbirth, as prescribed by the Board and (ii) any circumstances occurring after July 1, 2003, in which the individual listed as the mother or father on a report of fetal death occurring in the Commonwealth did not have knowledge of his right under this section to request a certificate of birth resulting in stillbirth.

When no report of spontaneous fetal death is available to establish the event, documentation from the following sources is acceptable: the physician or licensed nurse midwife who provided care to the mother, documentation from the medical record maintained at the hospital of occurrence, copy of the report of spontaneous fetal death, or documentation from the funeral service director (if such services were provided).