Trial Engrossment of Amendment A03549 to House Bill 1890 P.N. 2623, Regular Session 2019-2020

A03549

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1890

Session of

2019

INTRODUCED BY RYAN, RAPP, BARRAR, BERNSTINE, CALTAGIRONE,

DIAMOND, ECKER, GLEIM, HELM, JAMES, KULIK, MOUL, MURT,

PICKETT, POLINCHOCK, SCHMITT, STAATS, WHEELAND AND ZIMMERMAN,

SEPTEMBER 26, 2019

REFERRED TO COMMITTEE ON HEALTH, SEPTEMBER 26, 2019

AN ACT

Providing for the final disposition of fetal remains and for

governmental prohibition of information; and imposing

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Final

Disposition of Fetal Remains Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Health of the Commonwealth.

"Evidence-based." The use of current best evidence in making

decisions about the care of an individual patient and

integrating individual clinical expertise with the best

available external clinical evidence from systematic research.

"Fetal death." The expulsion or extraction from its mother

of a product of conception which shows no evidence of life after

the expulsion or extraction.

"Fetal remains." The fetus expelled or extracted in the case

of a fetal death.

"Health care facility." A facility licensed under Chapter 8

of the act of July 19, 1979 (P.L.130, No.48), known as the

Health Care Facilities Act.

"Medically accurate." In relation to information,

information that is:

(1) verified or supported by the weight of peer-reviewed

medical research conducted in compliance with accepted

scientific methods;

(2) recognized as correct and objective by leading

medical organizations with relevant expertise; or

(3) recommended by or affirmed in the medical practice

guidelines of a nationally recognized accrediting

organization.

"Medically appropriate." Information that is consistent with

applicable legal, health and professional standards, the

patient's clinical and other circumstances and the patient's

reasonably known wishes and beliefs.

"Person in charge of interment." A person who places or

causes to be placed fetal remains in a grave, vault or other

receptacle or otherwise disposes the fetal remains.

"Unborn child." An individual organism of the species homo

sapiens from fertilization until expulsion or extraction from

its mother.

Section 3. Requirements for the final disposition of fetal

remains.

A03549 - 2 -

(a) Costs.--Upon the fetal death of an unborn child, if

a parent of the unborn child selects a location for the final

disposition of the fetal remains other than a location that is

usual and customary for a health care facility, the parent shall

be responsible for the costs relating to the final disposition

of the fetal remains.

(b) Duties of health care facilities.--Except as provided

under subsection (a), a health care facility that possesses

fetal remains shall have the following duties:

(1) Provide for the final disposition of the fetal

remains in accordance with the burial and transit permit

requirements under 28 Pa. Code Ch. 1 (relating to

(administration of vital records).

(2) Cremate or inter the fetal remains.

(1) Upon the fetal death of an unborn child, a person in

charge of interment shall not be required to designate a name

for the unborn child on the burial or transit permit under 28

Pa. Code Ch. 1, and the space for the name on the burial or

transit permit may remain blank.

(2) In accordance with Article VIII of the act of June

29, 1953 (P.L.304, No.66), known as the Vital Statistics Law

of 1953, information relating to the fetal death of an unborn

child that may identify a parent of the unborn child shall

remain confidential and shall not be subject to public

disclosure.

(d) Simultaneous cremation.--If the fetal remains of an

unborn child are not claimed by a parent of the unborn child, a

person in charge of interment may cremate the fetal remains by

simultaneous cremation.

A03549 - 3 -

(e) Certificate of birth.--Upon the fetal death of an unborn

child, the department shall not be required to issue a

certificate of birth resulting in stillbirth under section 207

of the Vital Statistics Law of 1953 to a parent of the unborn

child.

Section 4. Governmental prohibition of information.

Neither the Commonwealth nor any political subdivision may:

(1) Require a licensed health care practitioner to

provide a patient with:

(i) information that is not medically accurate and

medically appropriate for the patient; or

(ii) a medical service in a manner that is not

evidence-based and appropriate for the patient.

(2) Prohibit a licensed health care practitioner from

providing a patient with:

(i) information that is medically accurate and

medically appropriate for the patient; or

(ii) a medical service in a manner that is evidence-

based and appropriate for the patient.

Section 4 5. Penalties.

A person who violates the provisions of section 3 of this act

shall be subject to the penalties imposed under Article IX of

the act of June 29, 1953 (P.L.304, No.66), known as the Vital

Statistics Law of 1953.

Section 5 6. Effective date.

This act shall take effect 60 days.

A03549 - 4 -