These rules will implement the Grieving Families Act (Ch. 2017-38, L.O.F.).

 

DEPARTMENT OF HEALTH

Vital Statistics

RULE NO.: RULE TITLE:

64V-1.0062Nonviable Birth Registration

64V-1.0131Certifications of Vital Records; Information Required for Release; Applicant Identification Requirements

PURPOSE AND EFFECT: These rules will implement the Grieving Families Act (Ch. 2017-38, L.O.F.).

SUMMARY: The act authorizes certain health care practitioners and healthcare facilities to file a registration of nonviable birth for fetal demise occurring after the completion of the ninth week of gestation and prior to the twentieth week of gestation.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 382.003(7), (10), 382.0085, 382.025, 382.0244(1)(a), 382.026 FS.

LAW IMPLEMENTED: 382.0085, 382.0135, 382.025, 382.0255, 382.026 FS.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ana Goold, Program Manager, Bureau of Vital Statistics at [phone] or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64V-1.0062 Nonviable Birth Registration.

At the request of a parent, a nonviable birth occurring in this state shall be filed on a Florida Certificate of Nonviable Birth, DH Form 8000-HSPM (07/17), hereby incorporated by reference and available from https://www.flrules.org/Gateway/reference.asp?No=XXXXX or the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042.

Rulemaking Authority 382.0086(10)FS. Law Implemented 382.008, 382.0086 FS. History-New________.

 

64V-1.0131 Certifications of Vital Records; Information Required for Release; Applicant Identification Requirements

(1) All requests for certifications of vital record events listed below shall be submitted on the applications identified below or by submitting a request in writing that includes the information outlined in subsections (2) through (4) below. Applications and forms are available from the Department of Health, Bureau of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042. Commemorative Birth and Marriage Certificates, and Certificates of Birth Resulting in Stillbirth and Certificates of Nonviable Birth are created and issued only from the Bureau of Vital Statistics for purposes of display and are not intended to be used as official certifications.

(a) through (k) No change.

(l) Application for Florida Certificate of Nonviable Birth, DH8001-HSPM (07/17), incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(2) through (4) No change.

Rulemaking Authority 382.003(7), (10), 382.0085, 382.025, 382.0244(1)(a), 382.026, 382.0086(10) FS. Law Implemented 382.0085, 382.0086, 382.0135, 382.025, 382.0255, 382.026 FS. History–New 11-11-98, Amended 2-29-04, 12-12-06, 5-13-08, 10-27-15, 7-31-16,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ken Jones, State Registrar

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 6/26/2017, 7/12/2017