Utah 2023 Regular Session

Utah House Bill HB0423 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 423
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: C. Williams 6
4	4	6 02-08-23 3:44 PM 6
5	5	H.B. 423
6	6	1 BIRTH CERTIFICATE AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Katy Hall
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill enacts provisions related to the Office of Vital Records and Statistics.
15	15	10Highlighted Provisions:
16	16	11 This bill:
17	17	12 <defines terms;
18	18	13 <clarifies what type of information the Office of Vital Records and Statistics must
19	19	14delete;
20	20	15 <clarifies who must submit a certificate of live birth;
21	21	16 <clarifies when a certificate of live birth must be submitted; and
22	22	17 <makes technical changes.
23	23	18Money Appropriated in this Bill:
24	24	19 None
25	25	20Other Special Clauses:
26	26	21 None
27	27	22Utah Code Sections Affected:
28	28	23AMENDS:
29	29	24 26-2-4, as last amended by Laws of Utah 2022, Chapters 231, 365
30	30	25 26-2-5, as last amended by Laws of Utah 2019, Chapter 349
31	31	26 26-2-8, as last amended by Laws of Utah 1995, Chapter 202
32	32	27
33	33	HB0423 H.B. 423 02-08-23 3:44 PM
34	34	- 2 -
35	35	28Be it enacted by the Legislature of the state of Utah:
36	36	29 Section 1. Section 26-2-4 is amended to read:
37	37	30 26-2-4. Content and form of certificates and reports.
38	38	31 (1) As used in this section:
39	39	32 (a) "Additional information" means information that is beyond the information
40	40	33necessary to comply with federal standards or state law for registering a birth.
41	41	34 (b) "Diacritical mark" means a mark on a letter from the ISO basic Latin alphabet used
42	42	35to indicate a special pronunciation.
43	43	36 (c) "Diacritical mark" includes accents, tildes, graves, umlauts, and cedillas.
44	44	37 (2) Except as provided in Subsection (8), to promote and maintain nationwide
45	45	38uniformity in the vital records system, the forms of certificates, certification, reports, and other
46	46	39documents and records required by this chapter or the rules implementing this chapter shall
47	47	40include as a minimum the items recommended by the federal agency responsible for national
48	48	41vital statistics, subject to approval, additions, and modifications by the department.
49	49	42 (3) Certificates, certifications, forms, reports, other documents and records, and the
50	50	43form of communications between persons required by this chapter shall be prepared in the
51	51	44format prescribed by department rule.
52	52	45 (4) All vital records shall include the date of filing.
53	53	46 (5) Certificates, certifications, forms, reports, other documents and records, and
54	54	47communications between persons required by this chapter may be signed, filed, verified,
55	55	48registered, and stored by photographic, electronic, or other means as prescribed by department
56	56	49rule.
57	57	50 (6) (a) An individual may use a diacritical mark in an application for a vital record.
58	58	51 (b) The office shall record a diacritical mark on a vital record as indicated on the
59	59	52application for the vital record.
60	60	53 (7) The absence of a diacritical mark on a vital record does not render the document
61	61	54invalid or affect any constructive notice imparted by proper recordation of the document.
62	62	55 (8) (a) The state:
63	63	56 (i) may collect the Social Security number of a deceased individual; and
64	64	57 (ii) may not include the Social Security number of an individual on a certificate of
65	65	58death. 02-08-23 3:44 PM H.B. 423
66	66	- 3 -
67	67	59 (b) For registering a birth, the department may not require an individual to provide
68	68	60additional information.
69	69	61 (c) The department may request additional information if the department provides a
70	70	62written statement that:
71	71	63 (i) discloses that providing the additional information is voluntary;
72	72	64 (ii) discloses how the additional information will be used and the duration of use;
73	73	65 (iii) describes how the department prevents the additional information from being used
74	74	66in a manner different from the disclosure given under Subsection [(6)(c)(ii)] (8)(c)(ii); and
75	75	67 (iv) includes a notice that the individual is consenting to the department's use of the
76	76	68additional information by providing the additional information.
77	77	69 (d) (i) Beginning July 1, 2022, an individual may submit a written request to the
78	78	70department to de-identify the individual's additional information contained in the department's
79	79	71databases.
80	80	72 (ii) Upon receiving the written request, the department shall:
81	81	73 (A) de-identify the additional information[.]; and
82	82	74 (B) for additional information that is inherently identifying, delete the inherently
83	83	75identifying additional information.
84	84	76 (e) The department shall de-identify or delete additional information contained in the
85	85	77department's databases before the additional information is held by the department for longer
86	86	78than six years.
87	87	79 Section 2. Section 26-2-5 is amended to read:
88	88	80 26-2-5. Birth certificates -- Execution and registration requirements.
89	89	81 (1) As used in this section[,]:
90	90	82 (a) "[birthing] Birthing facility" means:
91	91	83 (i) a general acute hospital as defined in Section 26-21-2; or
92	92	84 (ii) a birthing center as defined in Section 26-21-2.
93	93	85 (b) "Birthing facility administrator" means an individual who has been designated by a
94	94	86birthing facility to submit a birth registration.
95	95	87 (2) [For each live birth occurring in the state, a certificate shall be filed with the local
96	96	88registrar for the district in which the birth occurred within 10 days following the birth. The
97	97	89certificate shall be registered if it is completed and filed in accordance with this chapter] The H.B. 423 02-08-23 3:44 PM
98	98	- 4 -
99	99	90office shall register a certificate filed under this section if the certificate is completed and filed
100	100	91in accordance with this section.
101	101	92 (3) (a) For each live birth that occurs in a birthing facility[, the administrator of the
102	102	93birthing facility, or his designee,], the birthing facility administrator, attending physician, or
103	103	94nurse midwife shall:
104	104	95 (i) obtain and enter the information required under this chapter [on the certificate,
105	105	96securing the required signatures, and filing the certificate] in the electronic birth registration
106	106	97system no later than 10 days from the day the birth occurred;
107	107	98 (ii) provide the parent the opportunity to review the information to ensure accuracy;
108	108	99and
109	109	100 (iii) submit the birth registration.
110	110	101 (b) (i) The date, time, place of birth, and required medical information shall be certified
111	111	102by the birthing facility administrator [or his designee].
112	112	103 (ii) The attending physician or nurse midwife may sign the certificate, but if the
113	113	104attending physician or nurse midwife has not signed the certificate within seven days of the
114	114	105date of birth, the birthing facility administrator [or his designee] shall enter the attending
115	115	106physician's or nurse midwife's name and transmit the certificate to the local registrar.
116	116	107 (iii) The information on the certificate about the parents shall be provided and certified
117	117	108by the mother or father or, in their incapacity or absence, by a person with knowledge of the
118	118	109facts.
119	119	110 (4) (a) (i) For [live births that occur] a live birth that occurs outside a birthing facility,
120	120	111the birth certificate shall be completed and filed by the physician, physician assistant, nurse,
121	121	112midwife, or other [person] medical professional primarily responsible for providing assistance
122	122	113to the mother at the birth no later than 10 days from the day the birth occurred.
123	123	114 (ii) If [there is no such person] the birth occurred without assistance from an individual
124	124	115described in Subsection (4)(a)(i), [either] the presumed or declarant father shall complete and
125	125	116file the certificate.
126	126	117 (iii) In [his] the absence of the father, the mother shall complete and file the certificate,
127	127	118and in the event of her death or disability, the owner or operator of the premises where the birth
128	128	119occurred shall do so.
129	129	120 (b) The certificate shall be completed as fully as possible and shall include the date, 02-08-23 3:44 PM H.B. 423
130	130	- 5 -
131	131	121time, and place of birth, the mother's name, and the signature of the person completing the
132	132	122certificate.
133	133	123 (5) (a) For each live birth to an unmarried mother that occurs in a birthing facility, the
134	134	124birthing facility administrator [administrator or director of that facility, or his designee,] shall:
135	135	125 (i) provide the birth mother and declarant father, if present, with:
136	136	126 (A) a voluntary declaration of paternity form published by the state registrar;
137	137	127 (B) oral and written notice to the birth mother and declarant father of the alternatives
138	138	128to, the legal consequences of, and the rights and responsibilities that arise from signing the
139	139	129declaration; and
140	140	130 (C) the opportunity to sign the declaration;
141	141	131 (ii) witness the signature of a birth mother or declarant father in accordance with
142	142	132Section 78B-15-302 if the signature occurs at the facility;
143	143	133 (iii) enter the declarant father's information on the original birth certificate, but only if
144	144	134the mother and declarant father have signed a voluntary declaration of paternity or a court or
145	145	135administrative agency has issued an adjudication of paternity; and
146	146	136 (iv) file the completed declaration with the original birth certificate.
147	147	137 (b) If there is a presumed father, the voluntary declaration will only be valid if the
148	148	138presumed father also signs the voluntary declaration.
149	149	139 (c) The state registrar shall file the information provided on the voluntary declaration
150	150	140of paternity form with the original birth certificate and may provide certified copies of the
151	151	141declaration of paternity as otherwise provided under Title 78B, Chapter 15, Utah Uniform
152	152	142Parentage Act.
153	153	143 (6) (a) The state registrar shall publish a form for the voluntary declaration of paternity,
154	154	144a description of the process for filing a voluntary declaration of paternity, and of the rights and
155	155	145responsibilities established or effected by that filing, in accordance with Title 78B, Chapter 15,
156	156	146Utah Uniform Parentage Act.
157	157	147 (b) Information regarding the form and services related to voluntary paternity
158	158	148establishment shall be made available to birthing facilities and to any other entity or individual
159	159	149upon request.
160	160	150 (7) The name of a declarant father may only be included on the birth certificate of a
161	161	151child of unmarried parents if: H.B. 423 02-08-23 3:44 PM
162	162	- 6 -
163	163	152 (a) the mother and declarant father have signed a voluntary declaration of paternity; or
164	164	153 (b) a court or administrative agency has issued an adjudication of paternity.
165	165	154 (8) Voluntary declarations of paternity, adjudications of paternity by judicial or
166	166	155administrative agencies, and voluntary rescissions of paternity shall be filed with and
167	167	156maintained by the state registrar for the purpose of comparing information with the state case
168	168	157registry maintained by the Office of Recovery Services pursuant to Section 62A-11-104.
169	169	158 Section 3. Section 26-2-8 is amended to read:
170	170	159 26-2-8. Birth certificates -- Delayed registration.
171	171	160 (1) When a certificate of birth [of] for a person born in this state has not been filed
172	172	161[within] in accordance with the time provided in [Subsection 26-2-5(2)] Section 26-2-5, a
173	173	162certificate of birth may be filed in accordance with department rules and subject to this section.
174	174	163 (2) (a) The registrar shall mark a certificate of birth as "delayed" and show the date of
175	175	164registration if the certificate is registered one year or more after the date of birth.
176	176	165 (b) The registrar shall abstract a summary statement of the evidence submitted in
177	177	166support of delayed registration onto the certificate.
178	178	167 (3) When the minimum evidence required for delayed registration is not submitted or
179	179	168when the state registrar has reasonable cause to question the validity or adequacy of the
180	180	169evidence supporting the application, and the deficiencies are not corrected, the state registrar:
181	181	170 (a) may not register the certificate; and
182	182	171 (b) shall provide the applicant with a written statement indicating the reasons for denial
183	183	172of registration.
184	184	173 (4) The state registrar has no duty to take further action regarding an application which
185	185	174is not actively pursued.