Section 193.165

Title XII PUBLIC HEALTH AND WELFARE

Chapter 193

Effective - 28 Aug 2004   

  193.165.  Spontaneous fetal death report — release of reports — application for certificate of birth resulting in stillbirth, procedure. — 1.  Each spontaneous fetal death of twenty completed weeks gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, or a weight of three hundred fifty grams or more, which occurs in this state shall be reported within seven days after delivery to the local registrar or as otherwise directed by the state registrar.

  2.  When a dead fetus is delivered in an institution, the person in charge of the institution or his or her designated representative shall prepare and file the report.

  3.  When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the report.

  4.  When a spontaneous fetal death required to be reported by this section occurs without medical attendance at or immediately after the delivery or when inquiry is required by the medical examiner or coroner, the medical examiner or coroner shall investigate the cause of spontaneous fetal death and shall prepare and file the report within seven days.

  5.  When a spontaneous fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a dead fetus is found in this state and the place of the spontaneous fetal death is unknown, the spontaneous fetal death shall be reported in this state.  The place where the fetus was first removed from the conveyance or the dead fetus was found shall be considered the place of the spontaneous fetal death.

  6.  Notwithstanding any provision of law to the contrary, individuals with direct and tangible interest, as defined by the department of health and senior services, may receive the spontaneous fetal death report.

  7.  In the event of a spontaneous fetal death, regardless of whether such death occurs before or after August 28, 2004, either parent, or if both parents are deceased, a sibling of the stillborn child, shall have the right to file an application with the state registrar and other custodians of vital records requesting a certificate of birth resulting in stillbirth.  The certificate shall be based upon the information available from the spontaneous fetal death report filed pursuant to this section.

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(L. 1984 S.B. 574, A.L. 1999 S.B. 25, A.L. 2004 H.B. 1136)