HB 696 -- DISPOSITION OF HUMAN FETUSES

CO-SPONSORS:  Rupp, Parker, Smith (14), Davis (19), Dempsey,
Bearden, Lembke (85), Nieves, Bruns, Emery

COMMITTEE ACTION:  Voted "do pass" by the Committee on Health
Care Policy by a vote of 10 to 0.

This bill establishes the Disposition of Fetal Remains Act.

The bill:

(1)  Requires that the mother of a dead human fetus determine the
final disposition of the remains of the fetus in every instance
of fetal death.  The mother is allowed to choose any means of
final disposition authorized by law or by the Director of the
Department of Health and Senior Services;

(2)  Authorizes the final disposition of human fetal remains by
cremation, burial, incineration in an approved medical waste
incinerator, or other means approved by the director.  The
disposition must be consistent with state law or administrative
rules.  If the disposition occurs by incineration, the remains
must be incinerated separately from medical waste;

(3)  Does not require a religious service or ceremony to be held;

(4)  Requires licensed hospitals and other licensed health care
facilities to adopt written standards for the disposition of
human fetal remains.  Licensed health care facilities are
required to provide the mother a copy of their written standards;

(5)  Requires licensed hospitals or other licensed health care
facilities to notify the mother within a 24-hour period of her
right to determine the final disposition and the methods of final
disposition of the fetal remains.  The 24-hour notification is
required if a miscarriage occurs at the facility;

(6)  Requires the licensed health care facility to provide on-
site counseling services to the mother or refer the mother to an
appropriate provider of counseling services concerning the death
of the fetus; and

(7)  Requires that persons who violate provisions of the bill are
guilty of a class C misdemeanor.

The bill does not prohibit a woman's ability to obtain a legal
abortion.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that many families are misinformed
about their rights to have human fetal remains disposed of in a
humane manner.  It is inhumane to dispose of a human fetus
without a proper burial.  Thirteen other states have similar laws
and seven states have similar legislation under consideration.
Families have the right to be fully informed by hospitals and
other facilities about options pertaining to the disposition of
fetal remains.

Testifying for the bill were Representative Rupp; St. Joseph
Health Center, National Share Office of St. Charles; and Linda
Sellers.

OPPONENTS:  There was no opposition voiced to the committee.

Joseph Deering, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am