"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.--
(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
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