HB2755 HH&HR AM 3-13
The Committee on Health and Human Resources moves to amend the
bill, by striking everything after the enacting clause and
inserting in lieu thereof the following:
"That §16-5-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted and that said code be amended by adding
thereto a new section, designated §16-5-10a, all to read as
ARTICLE 5. VITAL STATISTICS.
As used in this article, unless the context otherwise requires, the
following terms have the following meanings:
(1) "Bureau" means the Bureau for Public Health within the
Department of Health and Human Resources.
(2) "Certified professional midwife" means a person who has
met the standards for certification and is certified by the North
American Registry of Midwives.
(2) "Commissioner" means the Commissioner of the Bureau for
Public Health within the Department of Health and Human Resources.
(3) "Date of filing" means the date a vital record is accepted
for registration by the section of vital statistics of the state
Bureau for Public Health.
(4) "Dead body" means a human body or parts of a human body or
bones from the condition of which it reasonably may be concluded
that death occurred.
(5) "Department" means the Department of Health and Human Resources.
(6) "Deputy local registrar" means a person appointed by and
working under the supervision of a local registrar in the discharge
of the vital statistics functions specified to be performed in and
for the county or other district of the local registrar.
(7) "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 and which is not an
induced termination of pregnancy, such death being indicated by the
fact that after such 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
(8) "Filing" means the presentation and acceptance of a vital
record or report provided in this article for registration by the
section of vital statistics of the state Bureau for Public Health.
(9) "Final disposition" means the burial, interment,
cremation, removal from the state, or other authorized disposition
of a dead body or fetus.
(10) "Induced termination of pregnancy" means the purposeful
interruption of an intrauterine pregnancy with the intention other
than to produce a live-born infant, and which does not result in
live birth. The definition excludes management of prolonged
retention of products of conception following fetal death.
(11) "Institution" means any establishment, public or private,
which provides inpatient or outpatient medical, surgical, or diagnostic care or treatment, or nursing, custodial or domiciliary
care to two or more unrelated individuals or to which persons are
committed by law.
(12) "Licensed health professional" means an individual who is
licensed by the State of West Virginia to practice a health
(13) "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 evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached.
(14) "Local registrar" means the person appointed by the State
Registrar of Vital Statistics for a county or other district to
perform the vital statistics functions specified to be performed in
and for the county or other district.
(15) "Physician" means a person licensed to practice medicine
or osteopathy pursuant to the laws of this state.
(16) "Registration" means the process by which vital records
are completed, filed and incorporated into the official records of
the section of vital statistics.
(17) "Research" means a systematic investigation designed
primarily to develop or contribute to general knowledge.
(18) "System of vital statistics" means the registration,
collection, preservation, amendment, certification of vital records, the collection of other reports required by this article,
and related activities, including, but not limited to, the
tabulation, analysis, publication and dissemination of vital
(19) "Vital records" means certificates or reports and data
related to birth, death, and marriage, including divorce,
dissolution of marriage, and annulment.
(20) "Vital reports" means reports and related data designated
in this article and in rules.
(21) "Vital statistics" means the data derived from
certificates and reports of birth, death, fetal death, marriage,
divorce, annulment and related records and reports.
§16-5-10a. Certified professional midwife reports.
_____A certified professional midwife shall report to the bureau
annually in a manner and form prescribed by the Section of Vital
Statistics. The report shall be submitted by January 31 of each
year and shall include all of the following:
_____(1) The certified professional midwife's name;
_____(2) The calendar year being reported;
_____(3) The total number of clients served;
_____(4) The total number and county of live births attended as a
_____(5) The total number and county of stillbirths attended as a
_____(6) The number of patients whose primary care was transferred
to another health care provider during the antepartum period and the reason for each transfer;
_____(7) The number, reason and outcome for each elective hospital
_____(8) The number, reason and outcome for each emergency
transport of an expectant mother prior to labor; and
_____(9) A brief description of any complications resulting in the
mortality of a mother or an infant."