Louisiana 2011 Regular Session

Louisiana House Bill HB379

Introduced
4/25/11  

Caption

Provides for the final disposition of fetal remains

Impact

The proposed legislation would amend existing laws relating to human remains, extending those provisions to fetal remains and imposing specific requirements on healthcare providers regarding their disposal. Notably, the bill delineates the responsibilities of healthcare providers to inform mothers about their options for claiming fetal remains and outlines the penalties for unlawful disposal of these remains. This move is seen as an effort to ensure that fetal remains are treated with the same dignity and respect as other human remains.

Summary

House Bill 379 aims to provide a framework for the final disposition of fetal remains in Louisiana. This legislation stipulates that fetal remains, defined as those from a fetus that has completed at least eight weeks of gestation or reached a certain stage of development, must be disposed of according to established laws that require decent interment or cremation. The bill emphasizes the rights of mothers regarding the remains of their fetuses, allowing them to choose how the remains are handled post-death. Additionally, healthcare providers are mandated to give mothers the option to claim these remains, reinforcing the need for sensitivity and care in these circumstances.

Sentiment

There is divisive sentiment surrounding HB 379, with supporters advocating for the sanctity and respectful treatment of fetal remains, emphasizing the need for a compassionate approach to such sensitive matters. Conversely, opponents express concerns that the bill may impose undue burdens on women seeking abortions and complicate the delivery of healthcare services. The emotional and ethical dimensions of the bill evoke strong opinions on both sides, as discussions center on the implications of state involvement in personal health decisions.

Contention

Key points of contention arise regarding the implications of this bill on women's reproductive rights and healthcare practices. Critics argue that while the bill aims to uphold respect for fetal remains, it could inadvertently infringe upon the rights of women by imposing additional restrictions on how healthcare providers manage fetal deaths. The nature of the bill reflects the broader debate about fetal personhood and the rights of mothers, placing it at the intersection of public health policy and moral considerations.

Companion Bills

No companion bills found.

Previously Filed As

LA HB873

Provide for the disposition of fetal remains

LA HB815

Prohibits post-abortion harvesting of fetal remains and requires burial or cremation of such remains

LA HB1569

Providing for the final disposition of fetal remains; and imposing penalties.

LA HB164

Providing for the final disposition of fetal remains; and imposing penalties.

LA HB618

Requires a health facility to provide notice of a parent's right to determine the final disposition of fetal remains

LA HB35

Relating to the disposition of embryonic and fetal tissue remains; imposing a civil penalty.

LA SB166

Provides for the burial of certain pet remains with human remains. (1/1/17)

LA SB258

Relating to the disposition of embryonic and fetal tissue remains; imposing a civil penalty.

LA HB672

Provides relative to rights and requirements of certain persons authorized to arrange the disposition of human remains

LA HB201

Relating to disposition of fetal remains by a health care facility; imposing penalties.

Similar Bills

CA SB1414

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CA SB1373

Surplus land disposal.

MI HB5663

Health: other; option for fetal remains to be given to family; provide for. Amends sec. 2848 of 1978 PA 368 (MCL 333.2848).

CA AB1560

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MS SB2090

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ND SB2139

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CA SB580

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CT SB00467

An Act Concerning The Custody And Control Of A Decedent's Body.