SB 1142 Creates the "Disposition of Fetal Remains Act" and allows the state to issue certificates for stillborn children
Sponsor:Dolan
LR Number:3966S.03C Fiscal Note:3966-03
Committee:Aging, Families, Mental & Public Health
Last Action:03/11/04 - Removed from S Consent Calendar Journal page:S624
Title:SCS SB 1142
Effective Date:August 28, 2004
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Current Bill Summary

SCS/SB 1142 - This act establishes the "Disposition of Fetal Remains Act" and allows the state registrar to issue a "Certificate of Birth Resulting in Stillbirth" for stillborn children.

SECTION 193.255 - The state registrar shall issue a "Certificate of Birth Resulting in Stillbirth" to any applicant having a direct and tangible interest in the record. The information shall be based on information available from the spontaneous fetal death report filed pursuant to Section 193.165, RSMo. The certificate shall include the statement "This is not proof of a live birth". Individuals may file an application for a certificate for any birth that resulted in stillbirth prior to August 28, 2004.

SECTION 194.378 - The mother has a right to determine the final disposition of the fetal remains, regardless of the duration of a pregnancy. The mother may choose any means of final disposition authorized by law or by the Department.

SECTION 194.381 - Final disposition of fetal remains may be by cremation, burial, incineration in an approved medical waste incinerator, or other means authorized by the Director of the Department of Health and Senior Services. The final disposition of fetal remains does not require a religious service or ceremony.

SECTION 194.384 - Hospitals and other health care facilities must adopt written standards regarding the final disposition of fetal remains.

SECTION 194.387 - Within twenty-four hours of a miscarriage, hospitals and other health care facilities must notify the mother in writing of her right to determine the final disposition of the fetal remains. Hospitals and other health care facilities must make counseling available to the mother concerning the death of the fetus.

SECTION 194.390 - The "Disposition of Fetal Remains Act" does not prohibit a woman's ability to obtain a legal abortion.

Portions of this act are identical to SCS/SB 799 (2004).
LORIE TOWE