HOUSE BILL NO. 159 An Act relating to the issuance of a certificate of birth resulting in a stillbirth. 2:05:43 PM SANDRA WILSON, STAFF & INTERIM, REPRESENTATIVE CARL GATTO, noted that HB 159 is meant to help bring closure to those who have suffered the loss of a stillborn child by providing them a Birth Certificate reflecting that they had a child who was stillborn. In existing law, parents of a stillborn child receive a Death Certificate. The bill would allow parents the option of requesting a certificate of birth for their child. The Birth Certificate would be optional. She added that there are an increasing number of states that are now offering Birth Certificates for parents of stillborns. Ms. Wilson urged the Committee's support for HB 159. 2:07:39 PM REPRESENTATIVE CARL GATTO, SPONSOR, spoke to the "darkness" for those mothers that have stillborn babies. HB 159 would help provide that family a sense of closure by providing a document, acknowledging that there was a pregnancy and that there was a birth. 2:09:58 PM Representative Gara indicated he supports the idea, however, asked if it was something that people want. Ms. Wilson explained that the bill had been requested by a constituent and since that time, there has been wide support indicated. Representative Gara asked how women would be notified that they have the right to apply for the Birth Certificate. Representative Gatto commented that the legislation has been implemented in fifteen states, pointing out the birth certificate would clearly indicate that it was not a live birth; hence, none would be able to apply for a Permanent Fund Dividend or State aid. 2:12:43 PM Co-Chair Chenault acknowledged that loosing a child in still birth is the same as having a death in the family. Representative Thomas asked if the effective date would allow women who in the past that had experienced still births, to be able to get a certificate. Ms. Wilson responded that Section F provides language which allows a parent who has had a still born child to request, through Vital Statistics, a Birth Certificate and that information would be taken off the fetal Death Certificate. Representative Gatto added that the Division of Vital Statistics was willing to go back and offer that service. Representative Thomas asked how that would happen. Representative Joule pointed out that Paragraph F contains information on retroactive birth information. Co-Chair Meyer inquired how the 20-week number had been determined. Representative Gatto noted that when looking at other state's legislation, 20-weeks was the identifying length beyond which accounted for. Fetal Death Certificates are issued at 20 weeks. 2:16:11 PM Vice Chair Stoltze asked if the bill was intended to only cover still born births. Representative Gatto responded that the definition of a still born is death of a baby carried in the womb. Vice Chair Stoltze questioned the legal implications of the bill. Representative Gara was comfortable allowing the Birth Certificate for those families that had past still born births. He pointed out that the definition only applies to that section and would not affect definitions in other statutes, pointing out on Page 2, Line 15. 2:18:33 PM PHILIP MITCHEL, STATE REGISTRAR, BUREAU OF VITAL STATISTICS, DEPARTMENT OF HEALTH & SOCIAL SERVICES, testified in support of the bill, noting that they had received requests from parents to acquire a certificate as proposed. He added that the Division has addressed retroactivity on the bill. 2:20:05 PM RICHARD OLSON, (TESTIFIED VIA TELECONFERENCE), FOUNDER, NATIONAL STILLBORN SOCIETY, ARIZONA, noted that he was a father of a stillborn birth and after much grief, created the National Stillbirth Society. He estimated the number of stillbirths that occur in the United States each year. He voiced support for the certificate, indicating that the 20- week number had been agreed upon by all the states and is an arbitrary point. He emphasized that people really support and want the proposed legislation. 2:27:20 PM PUBLIC TESTIMONY CLOSED Co-Chair Meyer proposed holding the bill in Committee to deal with the amendment addressing retroactivity. Ms. Wilson noted that she had checked with the Department of Law and that language had been redrafted in the House HESS Committee. Representative Gara supported the language, stating it is correct. Mr. Mitchel stated that the language was taken from other states, who passed legislation similar to HB 159. HB 159 was HELD in Committee for further consideration. 2:29:23 PM