Notice of Proposed Rule

DEPARTMENT OF HEALTH
Vital Statistics
RULE NO: RULE TITLE
64V-1: VITAL RECORDS AND ASSOCIATED ACTIVITIES
PURPOSE AND EFFECT: Purpose of proposed rule amendments is to provide form for purpose of amending a fetal death certificate and to provide for creation of a Florida Certificate of Birth Resulting in Stillbirth, as well as, issuance of this certificate as mandated by the Florida Legislature during the 2006 session.
SUMMARY: Amending rule to create amendment form specific to fetal death certificates, adapting the current death amendment application form to address both death and fetal death amendments and create certificate and application form for creation and issuance of a Florida Certificate of Birth Resulting in Stillbirth.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 382.003(10),(11), 382.016, 382.0255(1)(b), 382.0085 FS.
LAW IMPLEMENTED: 382.003(7),(10),(11), 382.016, 382.0085 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Monday, October 16, 2006 at 1:00 p.m.
PLACE: Department of Health, State Office of Vital Statistics, 1217 Pearl St., Boorde Bldg., Rm. 420, Jacksonville, FL 32202
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Kevin Wright, Sr. Management Analyst Supervisor, Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042 If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kevin Wright, Sr. Management Analyst Supervisor, Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042

THE FULL TEXT OF THE PROPOSED RULE IS:

PART IV   AMENDMENT OF DEATH AND FETAL DEATH CERTIFICATES

64V-1.007 Death and Fetal Death Certificate Amendments; Who May Apply; Fees; Documentary Evidence Requirements.

(1) Application to amend items other than those requiring the signature of the attending physician or medical examiner as outlined in (s) of Rule 64V.1.007, F.A.C., shall be submitted with an Application for Amendment to Death or Fetal Death Record, DH Form 524, Jun 06 Jun. 03, hereby incorporated by reference and available from the department and except for those items requiring the signature of the attending physician or medical examiner as outlined in subsection (2) of Rule 64V-1.007, F.A.C., shall be accompanied by the amendment fee required in subsection (3) of Rule 64V-1.014, F.A.C.

(8) Amendment of any item on a fetal death certificate shall be made on an Affidavit of Amendment to Certificate of Fetal Death, DH Form 433A, June 06 hereby incorporated by reference and available from the department. Such affidavit shall be signed before a notarizing official by a parent listed on the Florida Certificate of Fetal Death, DH Form 428, Jan. 06, previously incorporated by reference except in the case where a father’s name is to be added to the Certificate of Fetal Death. In this case, the notarized signatures of both mother and father shall be required.

(9) If amendment of the medical certification of the cause of death section or the date of death, hour or time of fetal death or the place of fetal death other than street address on a fetal death certificate is to be amended, in addition to the Affidavit of Amendment to Certificate of Fetal Death, DH Form 433A, the amendment shall be confirmed in writing by the attending physician or medical examiner with current jurisdiction of the district in which the fetal death occurred.

Specific Authority 382.003(10),(11), 382.016, 382.0255(3) FS. Law Implemented 382.003(7),(11), 382.011, 382.016 FS. History–New 1-1-77, Formerly 10D-49.22, Amended 10-1-88, 4-18-96,12-26-96, Formerly 10-49.022, Amended 11-11-98, 7-18-00, 2-29-04,  ________.

 

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

(1) through (3) No change.

(4) Upon request of a parent listed on a Certificate of Fetal Death, the department shall create a Certificate of Birth Resulting in Stillbirth, DH Form 728A, Aug. 06, hereby incorporated by reference and available from the department. Information listed on the Certificate of Birth Resulting in Stillbirth shall originate from the Certificate of Fetal Death, DH Form 428, Jan. 06, previously incorporated by reference. All requests for a Certificate of Birth Resulting in Stillbirth shall be submitted on an Application for Florida Certificate of Stillbirth, DH Form 728, Aug. 06, hereby incorporated by reference and available from the department.

Specific Authority 382.003(7), (10), 382.025, 382.0255(1)(a), 382.0085 FS. Law Implemented 382.025, 382.0085 FS. History–New 11-11-98, Amended 2-29-04,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Kevin Wright, Sr. Management Analyst Supervisor, Department of Health, State Office of Vital Statistics, P. O. Box 210, Jacksonville, Florida 32231-0042
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Kenneth T. Jones, Deputy State Registrar
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 11, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 4, 2006