PRINTER'S NO. 3727
No. 2622 Session of 2000
INTRODUCED BY HABAY, BENNINGHOFF, BELFANTI, M. COHEN, COLAFELLA, GORDNER, HORSEY, PERZEL, TIGUE, TULLI AND YOUNGBLOOD, JUNE 13, 2000
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JUNE 13, 2000
AN ACT 1 Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An 2 act providing for the administration of a statewide system of 3 vital statistics; prescribing the functions of the State 4 Department of Health, the State Advisory Health Board and 5 local registrars; imposing duties upon coroners, 6 prothonotaries, clerks of orphans' court, physicians, 7 midwives and other persons; requiring reports and 8 certificates for the registration of vital statistics; 9 regulating the disposition of dead bodies; limiting the 10 disclosure of records; prescribing the sufficiency of vital 11 statistics records as evidence; prescribing fees and 12 penalties; and revising and consolidating the laws relating 13 thereto," providing for certificate of stillbirth. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 105 of the act of June 29, 1953 (P.L.304, 17 No.66), known as the Vital Statistics Law of 1953, amended 18 December 20, 1991 (P.L.399, No.46), is amended to read: 19 Section 105. General Provisions: Definitions.--As used in 20 this act-- 21 (1) "Department" means the State Department of Health. 22 (2) "Vital statistics" includes the registration,
1 preparation, transcription, collection, compilation, analysis 2 and preservation of data pertaining to births, adoptions, 3 legitimations, deaths, [fetal deaths,] stillbirths, marital 4 status and data incidental thereto. 5 (3) "Live birth" means the expulsion or extraction from its 6 mother of a product of conception, irrespective of the period of 7 gestation, which shows any evidence of life at any moment after 8 such expulsion or extraction. 9 (4) ["Fetal death"] "Stillbirth" means the expulsion or 10 extraction from its mother of a product of conception after 11 sixteen (16) weeks gestation, which shows no evidence of life 12 after such expulsion or extraction. 13 (5) "Dead body" means (i) a lifeless human body, or (ii) 14 such parts of a human body as permit a reasonable inference that 15 death has occurred. 16 (6) ["Fetal] "Stillbirth remains" means the fetus expelled or 17 extracted in the case of a [fetal death] stillbirth as defined 18 by this section. 19 (7) "Person in charge of interment" means any person who 20 places or causes to be placed a dead body or [fetal] stillbirth 21 remains in a grave, vault or other receptacle, or otherwise 22 disposes thereof. 23 (8) "Physician" means (i) a person licensed under the laws 24 of this Commonwealth to engage as a doctor of medicine in the 25 practice of all the branches of medicine, or (ii) a person 26 licensed under the laws of this Commonwealth to engage in the 27 practice of osteopathy or osteopathic surgery. 28 (9) "Immediate family member" means grandparents, parents, 29 siblings, grandchildren, spouses and children. 30 Section 2. Article V heading of the act is amended to read: 20000H2622B3727 - 2 -
1 Article V. Death and [Fetal Death] Stillbirth Registration 2 Section 3. Section 501 of the act, amended July 9, 1971 3 (P.L.213, No.38), is amended to read: 4 Section 501. Death and [Fetal Death] Stillbirth 5 Registration: Certificates to be Filed.--A certificate of each 6 death or [fetal death] stillbirth which occurs in this 7 Commonwealth shall be filed within ninety-six (96) hours after 8 the death or [fetal death] stillbirth or within ninety-six (96) 9 hours after the finding of a dead body or [fetal] stillbirth 10 remains. In every instance, the certificate shall be filed prior 11 to the issuance of a permit for interment or other disposition 12 of the dead body or [fetal] stillbirth remains. The person in 13 charge of interment or of removal of the dead body or [fetal] 14 stillbirth remains from the registration district shall file the 15 certificate with any local registrar who shall be authorized to 16 issue certified copies of such death. 17 Section 4. Sections 502 and 503 of the act, amended December 18 20, 1991 (P.L.399, No.46), are amended to read: 19 Section 502. Death and [Fetal Death] Stillbirth 20 Registration: Information for Certificates.--In preparing a 21 certificate of death or [fetal death] stillbirth, the person in 22 charge of interment or of removal of a dead body or [fetal] 23 stillbirth remains from the registration district shall obtain 24 the required information. The following persons shall supply the 25 information certified by their respective signatures: 26 (1) Personal information concerning the deceased or the 27 [fetal death] stillbirth shall be supplied by the person best 28 acquainted with the facts. 29 (2) Subject to the limitation contained in clause (3), the 30 medical certification, except in the event of a referral to the 20000H2622B3727 - 3 -
1 coroner pursuant to section five hundred three of this act, 2 shall be supplied (i) in the case of a death, by the physician 3 or (ii) dentist who is a staff member of an approved hospital 4 who attended the deceased during the last illness, provided the 5 death occurs in the hospital and the deceased had been admitted 6 on the dental service, and (iii) in the case of a [fetal death] 7 stillbirth, by the attending physician. 8 (3) In all cases where the physician or dentist who would 9 otherwise supply the medical certification is a member of the 10 immediate family of the deceased, the case shall be referred to 11 another physician or dentist who qualifies under clause (2) for 12 a medical certification. In the event a qualified alternate 13 physician or dentist is unavailable or unwilling to provide the 14 medical certification required by law, the case shall be 15 referred to the coroner of the county wherein the death occurred 16 or to a coroner of an adjacent county. In no event shall a 17 coroner sign a certificate of death or [fetal death] stillbirth 18 for a deceased who was a member of his immediate family. 19 Section 503. Death and [Fetal Death] Stillbirth 20 Registration: Coroner Referrals.--The local registrar or person 21 in charge of interment or other person having knowledge of the 22 death or [fetal death] stillbirth shall refer to the coroner the 23 following cases: (1) where no physician or dentist who is a 24 staff member of an approved hospital was in attendance during 25 the last illness of the deceased or in the case of a [fetal 26 death] stillbirth where there was no attending physician, or (2) 27 where the physician or dentist who is a staff member of an 28 approved hospital in attendance during the last illness of the 29 deceased or the attending physician in the case of a [fetal 30 death] stillbirth is physically unable to supply the necessary 20000H2622B3727 - 4 -
1 data, or (3) where the circumstances suggest that the death was 2 sudden or violent or suspicious in nature or was the result of 3 other than natural causes, or (4) where the physician, dentist 4 or coroner who provided or would provide the medical 5 certification is a member of the immediate family of the 6 deceased. In every instance of a referral under this section, 7 the coroner shall make an immediate investigation and shall 8 supply the necessary data, including the medical certification 9 of the death or [fetal death] stillbirth. In no event shall a 10 coroner sign a certificate of death or [fetal death] stillbirth 11 for a deceased who was a member of his immediate family. 12 Section 5. Section 504 of the act, amended July 9, 1971 13 (P.L.213, No.38), is amended to read: 14 Section 504. Death and [Fetal Death] Stillbirth 15 Registration: Permits Concerning Dead Bodies and [Fetal] 16 Stillbirth Remains.--No person shall dispose of a dead body or 17 [fetal] stillbirth remains until a local registrar issues a 18 permit therefor. The local registrar shall issue the permit only 19 after the person in charge of interment or removal has filed 20 with the local registrar a certificate of death or [fetal death] 21 stillbirth and has complied with all regulations with respect to 22 the issuance of the permit. 23 The sexton or other person in charge of any premises in which 24 bodies are interred or cremated shall not allow the interment or 25 cremation of any dead body or [fetal] stillbirth remains unless 26 a permit issued under this section is presented to him. The 27 sexton or other person in charge of such premises shall indorse 28 upon each permit presented to him the date of interment or 29 cremation, over his signature, and shall return the permit so 30 indorsed to the local registrar of his district within ten days 20000H2622B3727 - 5 -
1 from the date of interment or cremation. 2 Section 6. Section 505 of the act is amended to read: 3 Section 505. Death and [Fetal Death] Stillbirth 4 Registration: Out-of-State Permits.--When a death or [fetal 5 death] stillbirth occurs outside of this Commonwealth and the 6 dead body or [fetal] stillbirth remains are accompanied by a 7 permit for burial, removal or other disposition, issued in 8 accordance with the law and regulations in force where the death 9 or[fetal death] stillbirth occurred, the permit shall authorize 10 transportation into or through this Commonwealth and burial or 11 other disposition of the dead body or [fetal] stillbirth remains 12 within this Commonwealth, without the indorsement of a local 13 registrar of this Commonwealth. 14 Section 7. Section 506 of the act, amended November 20, 1981 15 (P.L.338, No.123), is amended to read: 16 Section 506. Death and [Fetal Death] Stillbirth 17 Registration: Regulations Concerning Dead Bodies and [Fetal] 18 Stillbirth Remains.--The Advisory Health Board shall make and 19 may amend or repeal regulations governing disposal, 20 transportation, interment and disinterment of dead bodies and 21 [fetal] stillbirth remains, in order to protect the public 22 health and promote the integrity and efficacy of death and 23 [fetal death] stillbirth registration. However, the Advisory 24 Health Board shall not, pursuant to the authority contained in 25 this or any other act, promulgate any regulation which would 26 require that the top of the outer case containing a casket be 27 buried a distance of more than two feet from the natural surface 28 of the ground. 29 Section 8. The heading of section 507 of the act, amended 30 December 20, 1991 (P.L.399, No.46), is amended to read: 20000H2622B3727 - 6 -
1 Section 507. Death and [Fetal Death] Stillbirth 2 Registrations: Pronouncement of Death by a Professional Nurse.-- 3 * * * 4 Section 9. Section 806.1 of the act, amended December 3, 5 1975 (P.L.468, No.135), is amended to read: 6 Section 806.1. Records: Miniature Certifications of Birth or 7 Stillbirth.--(a) Upon application therefor and payment of a fee 8 of two dollars ($2), the department shall issue to any person 9 whose original certificate of birth is on file in this 10 Commonwealth a miniature certification of the facts of his 11 birth. Such certification shall be approximately two and one- 12 half inches by four inches in size so that it may be 13 conveniently carried for identification and proof as to age. 14 (b) Upon application therefor and payment of a fee of two 15 dollars ($2), the department shall issue a regular birth 16 certificate in the name the applicant is actually using upon 17 adequate proof demonstrating the use of the name for fifteen 18 (15) years or more, except in the case of children under fifteen 19 (15) years of age. Adequate proof shall consist of any one of 20 the following: baptism certificate or other verified church 21 records, insurance policy, school record, working papers, armed 22 service discharge papers or marriage license which document 23 shall have originally been issued at least fifteen (15) years 24 prior to the application for a birth certificate under this 25 subsection. 26 (c) Upon application therefor and payment of a fee of two 27 dollars ($2), the department shall issue a miniature or regular 28 certificate of stillbirth to a parent of a stillborn child. 29 Section 10. This act shall take effect in 60 days. C13L35MRD/20000H2622B3727 - 7 -