SB 424

Generally, this bill requires a facility to arrange for final disposition of a

stillbirth, requires notification of a parent of the stillbirth of the ability to obtain a

certificate of birth resulting in stillbirth, and makes certain requirements for

informed consent for an anatomical gift of a stillbirth. A stillbirth is defined in the

bill for purposes of vital records and final disposition as the remains of an unborn

child resulting from a miscarriage or human remains of a child not born alive.

Under current law, depending on the circumstances of the miscarriage, a

hospital manager, a hospital's medical records manager, a funeral director, or

another person authorized by a parent of a stillbirth must file a fetal death report

if the death is a miscarriage at 20 weeks or more have elapsed between the mother's

last normal menstrual period and delivery or the stillbirth weighs 350 grams or

more. Current law requires the party responsible for filing the fetal death report to

advise the parent or parents of a stillbirth for which a fetal death report is required

of the option to request preparation of a certificate of birth resulting in stillbirth and

how to obtain a certified copy of that certificate. If a certificate of birth resulting in

stillbirth is requested, the party responsible for filing the fetal death report must

prepare and file the certificate of birth resulting in stillbirth with the state registrar

within 5 days of the delivery. The bill eliminates the minimum age or weight

requirement for requesting a certificate of birth resulting in stillbirth. A hospital,

birthing center, or other health care facility where the stillbirth occurred must

inform the parent or parents of a stillbirth of any age or weight of the option to

request a certificate of birth resulting in stillbirth and must prepare the certificate

of birth resulting in stillbirth within 5 days of the delivery if requested. The

certificate of birth resulting in stillbirth requirements in current law and in the bill

do not apply to induced abortions. The bill does not change any requirements for the

fetal death report.

Under the bill, the hospital, birthing center, or other health care facility in

which a birth resulted in a stillbirth must also inform the parent or parents that he

or she may request the unborn child's remains for final disposition or for an

anatomical gift and must facilitate the final disposition of the stillbirth in accordance

with the wishes of a parent of the stillbirth. If a parent of the stillbirth is not

available or if an available parent of the stillbirth does not express wishes regarding

final disposition of the stillbirth, the hospital, birthing center, or other health care

facility at which the birth results in a stillbirth shall arrange for final disposition of

the stillbirth. Final disposition, in current law and in the bill, means the disposition

of a corpse or stillbirth by burial, interment, entombment, cremation, delivery to a

university or school under certain circumstances, or delivery to a medical or dental

school anatomy department. Under the bill, the notification and final disposition

requirements do not apply to induced abortions. A hospital, birthing center, or other

health care facility that violates the notification and filing of the certificate of birth