(1) As used in
this rule:
"Certificate of nonviable birth" means a
document issued based upon a nonviable birth.
"Health care provider" means the same as
defined in Iowa Code section
144.29A.
"Hospital" means the same as defined in Iowa
Code section 135B.1.
"Nonviable birth" means an unintentional,
spontaneous fetal demise occurring after demonstration of a doppler-detected
heartbeat and prior to the twentieth week of gestation during a pregnancy that
has been verified by a health care provider.
(2) A health care provider who attends or
diagnoses a nonviable birth or a hospital at which a nonviable birth occurs
shall advise a patient who experiences a nonviable birth that the patient may
request a certificate of nonviable birth as provided in this section and, upon
request by the patient, shall provide a letter certifying the nonviable birth
to the patient on the form prescribed by the state registrar.
(3) The department shall issue a certificate
of nonviable birth to a patient within 60 days of receipt of a request and
certification letter. The request shall be made on the form prescribed by the
state registrar.
(4) The
certificate of nonviable birth shall contain all of the following:
a. The date of the nonviable birth.
b. The name and gender of the baby, if known.
(1) If the name is not furnished by the
patient, the department shall complete the certificate with the name "baby boy"
or "baby girl" and the last name of the patient.
(2) If the gender is unknown, the department
shall complete the certificate with the name "baby" and the last name of the
patient.
c. The name of
the patient and, if married, the patient's spouse.
d. The statement: "This certificate is not
proof of live birth."
(5)
The fees collected shall be remitted to the treasurer of state for deposit in
the general fund of the state and the vital records fund in accordance with
Iowa Code section 144.46A.
(6) A certificate of nonviable birth shall
not be filed or registered with the department. The department shall not
register the nonviable birth associated with a certificate issued under this
section or use the nonviable birth in calculating live birth
statistics.
(7) A certificate of
nonviable birth shall not be used to establish, bring, or support a civil cause
of action seeking damages against any person for bodily injury, personal
injury, or wrongful death for a nonviable birth.
(8) This section shall only apply to, and a
certificate of nonviable birth may be requested and issued for, nonviable
births occurring on or after January 1, 2000.
This rule is intended to implement Iowa Code section
144.31B.
Notes
Iowa Admin. Code
r. 641-95.15
ARC 0483C, IAB 12/12/12,
effective 1/16/13; see Delay note at end of chapter
Amended by
IAB
December 29, 2021/Volume XLIV, Number 13, effective
2/2/2022
Amended by
IAB
February 8, 2023/Volume XLV, Number 16, effective
3/15/2023
