A01451
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
118
Session of
2021
INTRODUCED BY RYAN, HAMM, RAPP, DIAMOND, COOK, GROVE, ECKER,
STAATS, KAUFFMAN, ROWE, GLEIM, IRVIN, COX, MOUL AND SANKEY,
JANUARY 11, 2021
REFERRED TO COMMITTEE ON HEALTH, JANUARY 11, 2021
AN ACT
Providing for the final disposition of fetal remains; 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.
"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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
"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.
"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.
(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.
(c) Identification requirements.--The following shall apply:
(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
A01451 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(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. Penalties.
A person who violates the provisions 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. Construction.
Nothing in this act shall be construed to amend the
definition of "fetal death" in section 105(4) of the act of June
29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of
1953, or to require the issuance of a death certificate for an
unborn child unless affirmatively requested by the parent or
next of kin of the unborn child.
Section 5 6. Effective date.
This act shall take effect in 60 days.
A01451 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30