Indiana 2023 Regular Session

Indiana House Bill HB1567 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1567
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-18-2-341; IC 16-21-11-6; IC 16-34-3-4.
7	7	Synopsis: Stillbirths. Amends the definition of "stillbirth" to mean a
8	8	birth after 12 weeks of gestation that is not a live birth or if the gender
9	9	of the child can be visually determined, a birth after 10 weeks of
10	10	gestation that is not a live birth.
11	11	Effective: July 1, 2023.
12	12	Rowray
13	13	January 19, 2023, read first time and referred to Committee on Public Health.
14	14	2023 IN 1567—LS 6990/DI 77 Introduced
15	15	First Regular Session of the 123rd General Assembly (2023)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2022 Regular Session of the General Assembly.
25	25	HOUSE BILL No. 1567
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	health.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 16-18-2-341, AS AMENDED BY P.L.31-2019,
30	30	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31	31	3 JULY 1, 2023]: Sec. 341. "Stillbirth", for purposes of IC 16-37 and
32	32	4 IC 16-49-6, means any of the following:
33	33	5 (1) A birth after twenty (20) twelve (12) weeks of gestation that
34	34	6 is not a live birth.
35	35	7 (2) If the gender of the child can be visually determined, a
36	36	8 birth after ten (10) weeks of gestation that is not a live birth.
37	37	9 SECTION 2. IC 16-21-11-6, AS AMENDED BY P.L.213-2016,
38	38	10 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39	39	11 JULY 1, 2023]: Sec. 6. (a) If the parent or parents choose a location of
40	40	12 final disposition other than the location of final disposition that is usual
41	41	13 and customary for the health care facility, the parent or parents are
42	42	14 responsible for the costs related to the final disposition of the fetus at
43	43	15 the chosen location.
44	44	16 (b) A health care facility having possession of a miscarried fetus
45	45	17 shall provide for the final disposition of the miscarried fetus. The burial
46	46	2023 IN 1567—LS 6990/DI 77 2
47	47	1 transit permit requirements under IC 16-37-3 apply to the final
48	48	2 disposition of the miscarried fetus, which must be cremated or interred.
49	49	3 However:
50	50	4 (1) a person is not required to designate a name for the miscarried
51	51	5 fetus on the burial transit permit and the space for a name may
52	52	6 remain blank; and
53	53	7 (2) any information submitted under this section that may be used
54	54	8 to identify the parent or parents is confidential and must be
55	55	9 redacted from any public records maintained under IC 16-37-3.
56	56	10 Miscarried fetuses may be cremated by simultaneous cremation.
57	57	11 (c) The local health officer shall provide the person in charge of
58	58	12 interment with a permit for the disposition of the body. A certificate of
59	59	13 stillbirth is not required to be issued for a final disposition of a
60	60	14 miscarried fetus having a gestational age of less than twenty (20) any
61	61	15 of the following:
62	62	16 (1) Twelve (12) weeks of gestation.
63	63	17 (2) If the gender of the miscarried fetus can be visually
64	64	18 determined, a miscarried birth after ten (10) weeks of
65	65	19 gestation.
66	66	20 (d) IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, and
67	67	21 IC 29-2-19-17 concerning the authorization of disposition of human
68	68	22 remains apply to this section.
69	69	23 SECTION 3. IC 16-34-3-4, AS AMENDED BY P.L.179-2022(ss),
70	70	24 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
71	71	25 JULY 1, 2023]: Sec. 4. (a) A hospital or ambulatory outpatient surgical
72	72	26 center having possession of an aborted fetus shall provide for the final
73	73	27 disposition of the aborted fetus. The burial transit permit requirements
74	74	28 of IC 16-37-3 apply to the final disposition of an aborted fetus, which
75	75	29 must be interred or cremated. However:
76	76	30 (1) a person is not required to designate a name for the aborted
77	77	31 fetus on the burial transit permit and the space for a name may
78	78	32 remain blank; and
79	79	33 (2) any information submitted under this section that may be used
80	80	34 to identify the pregnant woman is confidential and must be
81	81	35 redacted from any public records maintained under IC 16-37-3.
82	82	36 Aborted fetuses may be cremated by simultaneous cremation.
83	83	37 (b) If the hospital or ambulatory outpatient surgical center conducts
84	84	38 the cremation of aborted fetal remains on site, the hospital or
85	85	39 ambulatory outpatient surgical center must comply with all state laws
86	86	40 concerning the cremation of human remains as prescribed in
87	87	41 IC 23-14-31. The hospital or ambulatory outpatient surgical center
88	88	42 must make the onsite cremation equipment available to the state
89	89	2023 IN 1567—LS 6990/DI 77 3
90	90	1 department for inspection at the time the hospital or ambulatory
91	91	2 outpatient surgical center is inspected. When the hospital or
92	92	3 ambulatory outpatient surgical center contracts with a licensed funeral
93	93	4 home for the disposal of the aborted fetal remains, the contract must be
94	94	5 made available for review by the state department at the time the
95	95	6 hospital or ambulatory outpatient surgical center is inspected.
96	96	7 (c) Except in extraordinary circumstances where the required
97	97	8 information is unavailable or unknown, a burial transit permit issued
98	98	9 under IC 16-37-3 that includes multiple fetal remains must be
99	99	10 accompanied by a log prescribed by the state department containing the
100	100	11 following information about each fetus included under the burial transit
101	101	12 permit:
102	102	13 (1) The date of the abortion.
103	103	14 (2) Whether the abortion was surgical or induced by an abortion
104	104	15 inducing drug.
105	105	16 (3) The name of the funeral director licensee who will be
106	106	17 retrieving the aborted fetus.
107	107	18 (4) In the case of an abortion induced by an abortion inducing
108	108	19 drug:
109	109	20 (A) whether the pregnant woman will cremate or inter the
110	110	21 fetus, or will return the fetus to the hospital or ambulatory
111	111	22 outpatient surgical center for disposition; and
112	112	23 (B) if the pregnant woman returns the fetus to the hospital or
113	113	24 ambulatory outpatient surgical center, whether the returned
114	114	25 fetus is included in the burial transit permit.
115	115	26 The hospital or ambulatory outpatient surgical center must keep a copy
116	116	27 of the burial transit permit and accompanying log in a permanent file.
117	117	28 (d) Each time the fetal remains are transported from one entity to
118	118	29 another for disposition, the entity receiving the fetal remains must
119	119	30 confirm that the number of fetal remains matches the information
120	120	31 contained in the burial transit permit and accompanying log. After final
121	121	32 disposition, a copy of the log will be sent back to the hospital or
122	122	33 ambulatory outpatient surgical center. The final log will be attached to
123	123	34 the original log described in subsection (c) and will be made available
124	124	35 for review by the state department at the time of inspection.
125	125	36 (e) A hospital or ambulatory outpatient surgical center is responsible
126	126	37 for demonstrating to the state department that the hospital or
127	127	38 ambulatory outpatient surgical center has complied with the protocol
128	128	39 provided in this section.
129	129	40 (f) A certificate of stillbirth is not required to be issued for an
130	130	41 aborted fetus with a gestational age of less than twenty (20) any of the
131	131	42 following:
132	132	2023 IN 1567—LS 6990/DI 77 4
133	133	1 (1) Twelve (12) weeks of age. gestation.
134	134	2 (2) If the gender of the aborted fetus can be visually
135	135	3 determined, a birth after ten (10) weeks of gestation.
136	136	4 (g) IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, and
137	137	5 IC 29-2-19-17 concerning the authorization of disposition of human
138	138	6 remains apply to this section.
139	139	2023 IN 1567—LS 6990/DI 77