Procedure for Stillbirth

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  1. For any stillborn child in this state, the State Office of Vital Records shall, within 60 days of a request by a parent named on a fetal death certificate or other eligible person as provided for in subsection (h) of this Code section, issue a certificate of birth resulting in stillbirth.
  2. The person who is required to file a fetal death certificate under Code Section 31-10-18 shall advise the parent of a stillborn child:
    1. That the parent may request the preparation of a certificate of birth resulting in stillbirth in addition to the fetal death certificate;
    2. That the parent may obtain a certificate of birth resulting in stillbirth by contacting the State Office of Vital Records;
    3. How the parent may contact the State Office of Vital Records to request a certificate of birth resulting in stillbirth; and
    4. That a copy of the original certificate of birth resulting in stillbirth is a document that is available as a vital record when held by the state registrar system.
  3. The request for a certificate of birth resulting in stillbirth shall be on a form prescribed by the state registrar pursuant to Code Section 31-10-7.
  4. The certificate of birth resulting in stillbirth shall contain:
    1. The date of the stillbirth;
    2. The county in which the stillbirth occurred;
    3. The name of the stillborn child as provided on the original or amended certificate of the fetal death certificate. If a name does not appear on the original or amended fetal death certificate and the requesting parent does not wish to provide a name, the State Office of Vital Records shall fill in the certificate of birth resulting in stillbirth with the name "baby boy" or "baby girl" and the last name of the parents;
    4. The state file number of the corresponding fetal death certificate; and
    5. The following statement: "This certificate is not proof of live birth."
  5. The certificate of birth resulting in stillbirth shall also contain:
    1. Gender;
    2. Place of delivery;
    3. Residence of mother;
    4. The attendant at delivery;
    5. Gestational age at delivery;
    6. Weight at delivery;
    7. Mother's name;
    8. Father's name;
    9. Time of delivery; and
    10. Type of delivery, including but not limited to single, twin, or triplet.
  6. A certificate of birth resulting in stillbirth shall be a vital record when held by the state registrar system. The State Office of Vital Records shall inform any parent who requests a certificate of birth resulting in stillbirth that a copy of the document is available as a vital record.
  7. A parent may request that the State Office of Vital Records issue a certificate of birth resulting in stillbirth regardless of the date on which the certificate of fetal death was issued.
  8. Those individuals who are entitled to request a certificate of birth resulting in stillbirth are:
    1. Either parent of the stillborn child listed on the vital record;
    2. A grandparent of the stillborn child;
    3. An adult brother or sister of the stillborn child;
    4. A legal representative of the parent; and
    5. A court of competent jurisdiction.
  9. The State Office of Vital Records shall not use a certificate of birth resulting in stillbirth to calculate live birth statistics.
  10. This Code section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth.
  11. The state registrar shall prescribe by rules pursuant to Code Section 31-10-5 the form, content, and process for the certificate of birth resulting in stillbirth.

(Code 1981, §31-10-33, enacted by Ga. L. 2008, p. 585, § 3/SB 381.)

Editor's notes.

- Ga. L. 2008, p. 585, § 1/SB 381, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'No Heartbeat Act.'"

CHAPTER 11 EMERGENCY MEDICAL SERVICES Article 1 General Provisions.
  • 31-11-1. Findings; declaration of policy.
  • 31-11-2. (See Editor's notes.) Definitions.
  • 31-11-3. Recommendations by local coordinating entity as to administration of EMSC Program; hearing and appeal.
  • 31-11-4. Supervision and modifications of EMSC Program.
  • 31-11-5. Rules and regulations.
  • 31-11-6. Records.
  • 31-11-7. Exercise of emergency vehicle privileges by ambulance drivers.
  • 31-11-8. Liability of persons rendering emergency care; liability of physicians advising ambulance service pursuant to Code Section 31-11-50; limitation to gratuitous services.
  • 31-11-9. Enforcement; inspections.
  • 31-11-10. Establishment of fees and regulations by municipalities.
  • 31-11-11. Applicability of chapter.
  • 31-11-12. Contracts between emergency service providers and pharmacies for furnishing dangerous drugs and controlled substances.
Article 2 Licenses.
  • 31-11-30. License requirement.
  • 31-11-31. Application for license.
  • 31-11-31.1. License fee.
  • 31-11-32. Duties of license officer.
  • 31-11-33. Insurance coverage as condition of licensing.
  • 31-11-34. Standards for ambulances.
  • 31-11-35. Renewal of license; change of ownership of ambulance service.
  • 31-11-36. Suspension or revocation of license; appeal to superior court.
Article 3 Personnel.
  • 31-11-49. Definitions.
  • 31-11-50. Medical adviser.
  • 31-11-51. Certification and recertification of emergency medical technicians; rules and regulations; use of conviction data in licensing decisions.
  • 31-11-52. Certification and recertification of, and training for, paramedics and cardiac technicians.
  • 31-11-53. Services which may be rendered by certified emergency medical technicians and trainees.
  • 31-11-53.1. Automated external defibrillator program; establishment; regulations; liability.
  • 31-11-53.2. "Lay rescuer" defined; use of automated external defibrillators.
  • 31-11-54. Services which may be rendered by paramedics and paramedic trainees.
  • 31-11-55. Services which may be rendered by certified cardiac technicians and trainees.
  • 31-11-55.1. Opioid antagonists administered by first responder to save life of person experiencing opioid related overdose.
  • 31-11-56. Revocation of certificates issued to emergency medical technicians.
  • 31-11-57. Revocation of certificates issued to paramedics and cardiac technicians.
  • 31-11-58. Recertification of emergency medical technicians; continuing education requirements.
  • 31-11-58.1. Recertification of paramedics and cardiac technicians; continuing education requirements.
  • 31-11-59. Services of emergency medical technicians, paramedics, and cardiac technicians in hospitals.
  • 31-11-60. Obtaining and administering drugs by certified employees of counties or municipalities.
  • 31-11-60.1. Program for physician control over emergency medical services to nonhospital patients.
  • 31-11-61. Penalty.
Article 4 Emergency Services.
  • 31-11-80. Short title.
  • 31-11-81. Definitions.
  • 31-11-82. Evaluation of person with emergency condition; initiation of intervention without prospective authorization; insurer may not deny payment after prospective authorization given.
Article 5 Georgia Trauma Care Network Commission.
  • 31-11-100. Definitions.
  • 31-11-101. Creation of Georgia Trauma Care Network Commission; composition; membership; meetings; vacancies; compensation.
  • 31-11-102. Duties and responsibilities.
  • 31-11-103. Georgia Trauma Trust Fund.
Article 6 System of Certified Stroke Centers.
  • 31-11-110. Legislative findings.
  • 31-11-111. "Department" defined.
  • 31-11-112. Identification of stroke centers.
  • 31-11-113. Certification; application process; inspections.
  • 31-11-114. Grants; report.
  • 31-11-115. Distribution of list of state identified stroke centers to emergency medical services providers; development of a model stroke triage assessment tool; assessment, treatment, and transport of stroke patients.
  • 31-11-116. Annual reports.
  • 31-11-117. Statutory construction.
  • 31-11-118. Advertising.
  • 31-11-119. Rules and regulations.
Article 7 Emergency Cardiac Care Centers.
  • 31-11-130. Legislative findings.
  • 31-11-131. Definitions.
  • 31-11-132. Office of Cardiac Care; level designations and requirements.
  • 31-11-133. Designation as emergency cardiac care center; suspension or revocation.
  • 31-11-134. Data reporting system.
  • 31-11-135. Grants to hospitals; reporting.
  • 31-11-136. Listing of emergency cardiac care centers; emergency cardiac care triage assessment tool; protocols.
  • 31-11-137. Statutory construction.
  • 31-11-138. Advertisement as emergency cardiac care center.
  • 31-11-139. Rules and regulations.
Cross references.

- Aggravated assault on emergency health workers, § 16-5-21.

Aggravated battery upon an emergency health worker, § 16-5-24.

Administrative Rules and Regulations.

- Emergency Medical Services, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Public Health, Emergency Preparedness, Subject 511-9-2.

Paramedics and cardiac technicians, Georgia Professional Health Program, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Composite Medical Board, Chapter 360-11.

Law reviews.

- For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).

JUDICIAL DECISIONS

Law sets high standards for licensing providers of ambulance service and provides for enforcement and regulation of those standards through administrative action. Anderson v. Little & Davenport Funeral Home, 242 Ga. 751, 251 S.E.2d 250 (1978).

RESEARCH REFERENCES

Negligent Operation of Emergency Vehicle, 10 POF3d 203.

ALR.

- Liability for personal injury or property damage from operation of ambulance, 84 A.L.R.2d 121.

Liability for injury or death allegedly caused by activities of hospital "rescue team", 64 A.L.R.4th 1200.

Liability of operator of ambulance service for personal injuries to person being transported, 68 A.L.R.4th 14.

ARTICLE 1 GENERAL PROVISIONS

Cross references.

- Criminal penalty for knowingly requesting ambulance service when no reasonable need exists, § 16-10-29.

Required equipment for emergency vehicles, § 40-8-90 et seq.


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