Iowa Admin. Code r. 641-95.15

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 641-95.15 - Certificate of nonviable birth

(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.

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