- Introduced -

SB 1142 - This act establishes the "Disposition of Fetal Remains Act". A new Section 194.381 provides that a mother has a right to determine the final disposition of the fetal remains, regardless of the duration of a pregnancy. 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.

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 remains of the fetus. Hospitals and other health care facilities must make counseling available to the mother concerning the death of the fetus.

Any person who violates the provisions of Sections 194.375 to 194.390 will be guilty of a Class C misdemeanor. The "Disposition of Fetal Remains Act" does not prohibit a woman's ability to obtain a legal abortion.

This act is identical to SB 435 (2003).

LORIE TOWE