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5 | 5 | | 2023 -- S 0960 |
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6 | 6 | | ======== |
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7 | 7 | | LC001560 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HEALTH AND SAFETY -- VITAL RECORDS |
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16 | 16 | | Introduced By: Senators E Morgan, and DeLuca |
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17 | 17 | | Date Introduced: May 01, 2023 |
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18 | 18 | | Referred To: Senate Judiciary |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Section 23-3-10 of the General Laws in Chapter 23-3 entitled "Vital Records" 1 |
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23 | 23 | | is hereby amended to read as follows: 2 |
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24 | 24 | | 23-3-10. Birth registration. 3 |
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25 | 25 | | (a) A certificate of birth for each live birth which occurs in this state shall be filed with the 4 |
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26 | 26 | | state registrar of vital records, or as otherwise directed by the state registrar, within four (4) days 5 |
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27 | 27 | | after that birth. 6 |
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28 | 28 | | (b) When a birth occurs in an institution, the person in charge of the institution, or his or 7 |
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29 | 29 | | her designated representative, shall obtain the personal data; prepare the certificate; secure the 8 |
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30 | 30 | | signatures required by the certificate; and file it with the state registrar of vital records, or as 9 |
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31 | 31 | | otherwise directed by the state registrar. The physician and/or midwife in attendance, or his or her 10 |
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32 | 32 | | authorized designee as defined in department regulations, shall certify to the facts of birth and 11 |
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33 | 33 | | provide the medical information required by the certificate within three (3) days after the birth. 12 |
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34 | 34 | | (c) When a birth occurs outside an institution, the certificate shall be prepared and filed by 13 |
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35 | 35 | | one of the following in the indicated order of priority: 14 |
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36 | 36 | | (1) The physician in attendance at, or immediately after, the birth, or in the absence of a 15 |
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37 | 37 | | physician; 16 |
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38 | 38 | | (2) Any other person in attendance at, or immediately after, the birth, or in the absence of 17 |
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39 | 39 | | any person in attendance at or immediately after the birth; 18 |
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40 | 40 | | (3) The father, the mother, or, in the absence of the father and the inability of the mother, 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001560 - Page 2 of 3 |
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44 | 44 | | the person in charge of the premises where the birth occurred. 1 |
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45 | 45 | | (4) When a birth occurs in a moving conveyance, the place of birth shall be that address in 2 |
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46 | 46 | | the city or town where the child is first removed from the conveyance. 3 |
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47 | 47 | | (d)(1) If the mother was married either at the time of conception or birth, the name of the 4 |
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48 | 48 | | husband shall be entered on the certificate as the father of the child unless paternity has been 5 |
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49 | 49 | | determined otherwise by a court of competent jurisdiction, in which case the name of the father as 6 |
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50 | 50 | | determined by the court shall be entered. 7 |
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51 | 51 | | (2) [Deleted by P.L. 2020, ch. 59, § 3 and P.L. 2020, ch. 60, § 3]. 8 |
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52 | 52 | | (e) The state registrar shall not decline to register and/or issue any birth certificate or 9 |
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53 | 53 | | certified copy of any birth certificate on the grounds that medical or health information collected 10 |
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54 | 54 | | for statistical purposes has not been supplied. 11 |
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55 | 55 | | (f) The biological sex designation on a certificate of birth shall be either male or female 12 |
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56 | 56 | | and shall not be nonbinary or any symbol representing a nonbinary designation, including, but not 13 |
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57 | 57 | | limited to, the letter "X". 14 |
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58 | 58 | | SECTION 2. This act shall take effect upon passage. 15 |
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59 | 59 | | ======== |
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60 | 60 | | LC001560 |
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62 | 62 | | |
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63 | 63 | | |
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64 | 64 | | LC001560 - Page 3 of 3 |
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65 | 65 | | EXPLANATION |
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66 | 66 | | BY THE LEGISLATIVE COUNCIL |
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67 | 67 | | OF |
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68 | 68 | | A N A C T |
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69 | 69 | | RELATING TO HEALTH AND SAFETY -- VITAL RECORDS |
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70 | 70 | | *** |
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71 | 71 | | This act would limit the biological sex designation on a certificate of birth to male or female 1 |
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72 | 72 | | and would prohibit a nonbinary designation. 2 |
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73 | 73 | | This act would take effect upon passage. 3 |
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74 | 74 | | ======== |
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75 | 75 | | LC001560 |
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