It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-3-1, 23-3-5, 23-3-10, 23-3-16 and 23-3-17 of the General Laws in Chapter 23-3 entitled "Vital Records" are hereby amended to read as follows:

23-3-1. Definitions -- As used in this chapter:

(1) "Community of resident" means the city or town within the state of a person's home address at the time of his or her marriage or death, or of his or her mother's home address at the time of his or her birth.

(2) "Dead body" means a lifeless human body or parts of a lifeless human body or bones thereof from the state of which it reasonably may be concluded that death recently occurred.

(3) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after the expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of the voluntary muscles.

(4) "Filing" means the presentation of a certificate, report, or other record provided for in this chapter, of a birth, death, fetal death, adoption, marriage, or divorce for registration by the division of vital records.

(5) "Final disposition" means the burial, interment, cremation, or other disposition of a dead body or fetus.

(6) "Institution" means any establishment, public or private, which provides in-patient medical, surgical, or diagnostic care or treatment, or nursing, custodial or domiciliary care to two (2) or more unrelated individuals, or to which persons are committed by law.

(7) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidences of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of the voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

(8) "Physician" means a person authorized or licensed to practice medicine pursuant to chapter 37 of title 5.

(9) "Registration" means the acceptance by the division of vital records and the incorporation in its official records of certificates, reports, or other records provided for in this chapter, or births, deaths, fetal deaths, adoptions, marriages, or divorces.

(10) "System of vital records" means the registration, collection, preservation, amendment, and certification of vital statistics records, and activities related thereto including the tabulation, analysis, and publication of statistical data derived from such records.

(11) "Vital records" means records of birth, death, fetal death, marriage, divorce, and data related thereto.

23-3-5. Duties of state registrar of vital records -- (a) The state registrar of vital records shall:

(1) Administer and enforce this chapter and the rules and regulations issued hereunder, and issue instructions for the efficient administration of the statewide system of vital records.

(2) Direct and supervise the statewide system of vital records and the division of vital records and be custodian of its records.

(3) Direct, supervise, and control the activities of local registrars and the activities of town and city clerks related to the operation of the vital records system.

(4) Prescribe, with approval of the state director of health, and distribute such forms as are required by this chapter and the rules and regulations issued hereunder.

(5) Prepare and publish annual reports of vital records of this state and such other reports as may be required by the state director of health.

(6) Notify the office of the secretary of state and the appropriate local canvassing authority of the receipt of a death certificate reporting the death of a person eighteen (18) years of age or older and maintain a list of those deceased persons.

(7) Provide a copy on alkaline paper or an electronic record of each certificate of birth, death, and marriage to the city or town clerk of the community of residence on or before the 10th day of the month after the certificate is received by the division of vital records. as authorized by regulations.

(8) (i) Flag birth certificates of missing children and perform all other acts and duties required to be performed by him or her pursuant to chapter 28.8 of title 42.

(ii) Upon receipt of information pursuant to section 42-28.8-3 provide the local registrars of the several cities and towns with that information.

(b) The state registrar of vital records with the approval of the director of health may appoint a deputy state registrar and may delegate such functions and duties vested in him or her to employees of the division of vital records and to local registrars as he or she deems necessary or expedient.

23-3-10. Birth registration -- (a) A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the city or town in which the birth occurs state registrar of vital records or as otherwise directed by the state registrar within four (4) days after that birth and shall be registered by the local registrar if it has been completed and filed in accordance with this section; provided, that when a birth occurs on a moving conveyance a birth certificate shall be filed in the city or town in which the child was first removed from the conveyance.

(b) When a birth occurs in an institution, the person in charge of the institution or his or her designated representative shall obtain the personal data, prepare the certificate, secure the signatures required by the certificate, and file it with the local registrar. State registrar of vital records or as otherwise directed by the state registrar. The physician in attendance shall certify to the facts of birth and provide the medical information required by the certificate within three (3) days after the birth.

(c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:

(1) The physician in attendance at or immediately after the birth, or in the absence of a physician;

(2) Any other person in attendance at or immediately after the birth, or in the absence of any person in attendance at or immediately after the birth;

(3) The father, the mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.

(d) (1) If the mother was married either at the time of conception or birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered.

(2) If the mother was not married either at the time of conception or birth, the child shall bear the mother's surname and the name of the father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as the father unless a determination of paternity has been made by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered on the birth certificate.

(e) Either of the parents shall sign the certificate of live birth to attest to the accuracy of the personal data entered thereon, in time to permit its filing within the four (4) days prescribed above.

(f) Neither the state registrar nor any local official shall decline to register and/or issue any birth certificate or certified copy thereof on the grounds that medical or health information collected for statistical purposes has not been supplied.

23-3-16. Death registration -- (a) A death certificate for each death which occurs in this state shall be filed with the local registrar of the city or town in which the death occurred with the state registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar days after such death and prior to removal of the body from the state, and shall be registered by the local registrar if it has been completed and filed in accordance with this section; provided:

(1) That if the place of death is unknown, a death certificate shall be filed in the city or town in which a dead body is found with the state registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar days after such occurrence; and

(2) That if death occurs in a moving conveyance, a death certificate shall be filed in the city or town in which the dead body was first removed from such conveyance with the state registrar of vital records or as otherwise directed by the state registrar.

(b) The funeral director, his or her duly authorized agent, or person acting as such, who first assumes custody of a dead body, shall file the death certificate. He or she shall obtain the personal data from the next of kin or the best qualified person or source available. He or she shall obtain the medical certification of cause of death from the person responsible therefor.

(c) A physician, after the death of a person whom he or she has attended during his or her last illness, or the physician declaring that person dead, or if the death occurred in a hospital, a registered hospital medical officer duly appointed by the hospital director or administrator, shall immediately furnish for registration a standard certificate of death to a funeral director or other authorized person or any member of the family of the deceased, stating to the best of his or her knowledge and belief the name of the deceased, the disease of which he or she died, where it was contracted, the duration of the illness from which he or she died, when last seen alive by the physician, or, if death occurs in a hospital, when last seen alive by a physician and the date of death.

(d) When death occurred without medical attendance as set forth in subsection (c) or when inquiry is required by chapter 4 of this title, the medical examiner shall investigate the cause of death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case.

23-3-17. Fetal death registration -- (a) A fetal death certificate for each fetal death which occurs in this state after a gestation period of twenty (20) completed weeks or more shall be filed with the local registrar of the city or town in which the delivery occurred with the state registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar days after the delivery and prior to removal of the fetus from the state, and shall be registered with the registrar if it has been completed and filed in accordance with this section; provided,

(1) That if the place of fetal death is unknown, a fetal death certificate shall be filed in the city or town in which a dead fetus was found with the state registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar days after the occurrence; and

(2) That if a fetal death occurs on a moving conveyance, a fetal death certificate shall be filed in the city or town in which the fetus was first removed from such conveyance. with the state registrar of vital records or as otherwise directed by the state registrar.

(b) All other fetal deaths, irrespective of the number of weeks uterogestation, shall be reported directly to the state department of health within seven (7) calendar days after delivery.

(c) The funeral director, his or her duly authorized agent, or person acting as such, who first assumes custody of a fetus, shall file the fetal death certificate. In the absence of such a person, the physician or other person in attendance at or after delivery shall file the certificate of fetal death. He or she shall obtain the personal data from the next of kin or the best qualified person or source available. He or she shall obtain the medical certification of cause of death from the person responsible therefor.

(d) The medical certification shall be completed and signed within forty-eight (48) hours after delivery by the physician in attendance at or after delivery except when inquiry is required by chapter 4 of this title.

(e) When a fetal death occurs without medical attendance upon the mother at or after the delivery or when inquiry is required by chapter 4 of this title, the medical examiner shall investigate the cause of fetal death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case.

(f) Each funeral director shall, on or before the tenth (10th) day of the following month, file a report with the state registrar of vital records listing funerals and/or decedents serviced following deaths or fetal deaths within the month. Failure to file these reports or any of the certificates required under section 23-3-16 and this section within the prescribed time limits shall be grounds for disciplinary action, including revocation of license by the state board of examiners in embalming.

SECTION 2. This act shall take effect upon passage.