Relating to fetal deaths including the disposition of bodily remains, and the filing of a fetal death certificate, and providing penalties

This bill relates to fetal deaths, fetal death certificates, and disposition of bodily remains. FETAL DEATHS AND DISPOSITION OF BODILY REMAINS. The bill amends provisions in Code chapter 144 (vital statistics) to establish a process for a woman to direct the final disposition of bodily remains following a fetal death. The bill provides definitions for the purposes of the bill. The bill provides that when a fetal death occurs in an institution or medical facility, the individual in charge of the institution or medical facility shall inform the woman that the woman may determine the final disposition of the bodily remains. A determination request by the woman may be made within the time frame established by rule of the department of public health (DPH). The individual in charge of the institution or medical facility where the bodily remains were expelled or extracted shall obtain from the woman a written authorization for final disposition on a form prescribed and furnished or approved by DPH. The authorization may allow final disposition to be by the individual in charge of the institution or medical facility or another person assuming responsibility for the final disposition of the bodily remains. In the written authorization, the woman may provide for disposition of the bodily remains as specified in the bill. When the bodily remains are the result of an induced termination of pregnancy, a spontaneous termination of pregnancy, or a stillbirth, disposition may be only by burial, interment, or cremation. When the bodily remains are the result of a spontaneous termination of pregnancy or a stillbirth, disposition may also be made in compliance with Code chapter 142C (the revised uniform anatomical gift Act). When the bodily remains are the result of an induced termination of pregnancy and the pregnant woman is a minor, the institution or medical facility shall obtain parental consent for the authorization of final disposition of the bodily remains, unless the minor has received a waiver of notification pursuant to Code chapter 135L (notification requirements regarding pregnant minors). The individual in charge of the institution or medical facility where the bodily remains were expelled or extracted or the person assuming responsibility for the final disposition of the bodily remains shall ensure that the final disposition of the bodily remains is performed in compliance with the authorization for final disposition, and such person shall retain the authorization as specified by rule of DPH. If the woman chooses a location of final disposition other than the location of final disposition that is usual and customary for the institution or medical facility, the woman is responsible for the costs related to the final disposition of the bodily remains at the chosen location. The final disposition of the bodily remains shall not be by simultaneous cremation. The bodily remains shall not be treated as medical waste. The bodily remains may be moved from the place where the bodily remains were expelled or extracted to be prepared for final disposition with the consent of the person who certified the death. The final disposition of the bodily remains under the bill shall comply with all other requirements for disposition of bodily remains under Code chapter 144 and other applicable laws. A person who knowingly violates a provision of the bill relating to the final disposition of bodily remains after a fetal death is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. FILING OF FETAL DEATH CERTIFICATE. The bill requires a fetal death certificate to be filed for each fetal death which occurs in the state after a gestation period of completed weeks or greater. Current law requires a fetal death certificate to be filed for each fetal death which occurs in the state after a gestation period of completed weeks or greater or for a fetus with a weight of 350 grams or more.