HCS HB 1136 -- DISPOSITION OF HUMAN FETUSES

SPONSOR:  Holand (Rupp)

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

This substitute establishes the Disposition of Fetal Remains Act.
The substitute:

(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; and

(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.

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

FISCAL NOTE:  No impact on state funds in FY 2005, FY 2006, and
FY 2007.

PROPONENTS:  Supporters say that some Missouri hospitals and
clinics do not provide parents with adequate information
concerning the final disposition of human fetal remains.
Following a miscarriage, the bill will enable parents to make an
informed decision about the disposition with dignity and respect
for the human fetal remains.  The bill will help bring closure to
parents who have experienced the death of an unborn child.

Testifying for the bill were Representative Rupp; Missouri
Catholic Conference; and Missouri Right to Life.

OPPONENTS:  There was no opposition voiced to the committee.

Joseph Deering, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am