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Councilmember Brandon T. Todd
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Councilmember Mary M. Cheh
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Councilmember Brianne_K, Nadeau Coyricilmefnber Robert C. White, Jr.
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Councilmember Elissa Silverman tfc ilmember Jack Evans
Councilmember Anita Bonds
A BILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
27 To amend the Vital Records Modernization Amendment Actof 2018 to require the Department
of Health to establisha certificate of stillbirth to be made available at the requestof the
parent or parents named on a fetal death report registered with the Department of Health,
to require the certificate to include appropriate information as determined by the
Department, to require a person required to report a fetal death to inform the parent or
parentsof the availability of a certificate of stillbirth, to prohibit a certificateof stillbirth
from being used to constitute a live birth or calculate live birth statistics, to prohibit the
creationof liability based on the issuanceof a certificateof stillbirth, to limit disclosure
and access of the information contained on acertificate of stillbirth, and to allow the
Department of Health to chargea fee for a certificateofstillbirth.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the CertificateofStillbirth Amendment Actof 2019,
40 Sec. 2. Title I of the Vital Records Modernization Amendment Act of 2018, effective
41 October 30, 2018 (D.C. Law 22-164; D.C. Official Code 7-231.01 ef seg.), is amended as
42 follows:
43 (a) Anew section 115a to read as follows:
Sec. 115a. Certificate of stillbirth.
4s (a)(1) Within 180 days of the effective dateofthe Certificate of Stillbirth Amendment
46 Actof 2019, introduced on November 5, 2019, the Department shall establisha certificate of
47 stillbirth.
48 (2) The certificate shall include such appropriate information as determined by
49 the Department, and shall be on a form established by the Department which is similar, as
applicable, to a certificate issued for a recordoflive birth pursuant to section 108ofthis act;
51 provided that the inclusionof a name given to a stillborn fetus by the parent or parents shall be
52 included only at the election of such parent or parents.
53 (b)(1) The named parent or parents on a fetal death report registered with the
Department pursuant to section 114 of this act may request a certificate of stillbirth for the fetus
55 that is the subject of the report.
56 (2) Following the receipt of the report and registration as a fetal death, and upon
5s7 the requestofthe parent or parents named on the report, the Registrar shall issue a certificate of
58 stillbirth within 30 days.A certificate of stillbirth may be requested and issued regardless of the
59 date on which the fetal death was reported or registered.
@) A person required to report a fetal death pursuant to section 114 of this act
61 a certificate of stillbirth.
shall inform, in writing, the parent or parentsofthe availability of
62 (c) A certificate of stillbirth issued pursuant to this section shall be in addition to and
63 shall not replace a report or registrationofthe fetal death pursuant to section 114ofthis act. It
64 shall not constitute proofof a live birth and shall not be used to calculate live birth statistics.
65 (d) This section shall not be used to establish, bring, or support a civil cause of action
seeking damages against a person or entity for bodily injury, personal injury, or wrongful death
67 for a stillbirth.
(e) Notwithstanding any other provision of law, the parent or parents issued a certificate
69 of stillbirth may elect to have the disclosureof and access to the information included on such
70 certificate limited to themselves, their lawful representatives, authorized personnel of the
m1 department, and the Registrar.
2 (f) For the purpose of this section, stillbirth as recorded in the certificateofstillbirth
73 a fetus where there was a naturally occurring intrauterine fetal death that
means the delivery of
74 a gestatational age of not less than 20 completed weeks..
occurs after the clinical estimate of
75 (b) Section 127(a) is amended as follows:
76 (1) Paragraph (10) is amended by striking the phrase ; and and inserting a
7 semicolon in its place.
78 (2) A new paragraph (10A) is added to read as follows:
79 (10A) Issuing a certificate of stillbirth; and.
Sec. 3. Fiscal impact statement.
81 The Council adopts the fiscal impact statement in the committee report as the fiscal
82 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
83 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a).
Sec. 4. Effective date.
85 This act shall take effect following approval by the Mayor (or in the event ofveto by the
86 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
87 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
88 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of
89 Columbia Register.