HLS 14RS-839 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 403
BY REPRESENTATIVE BURFORD
HUMAN REMAINS: Provides for certificates of stillbirth and hospital policies concerning
disposition of fetal remains
AN ACT1
To amend and reenact R.S. 40:32(16) and 92(A), and to enact R.S. 40:2017.13, relative to2
instances of spontaneous fetal death, known also as stillbirth; to provide for3
definitions; to authorize issuance of certificates of stillbirth to parents; to provide for4
hospital policies concerning disposition of fetal remains; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:32(16) and 92(A) are hereby amended and reenacted and R.S.8
40:2017.13 is hereby enacted to read as follows: 9
§32. Definition of terms10
As used in this Chapter, the following terms shall have the meanings ascribed11
to them in this Section unless otherwise provided for or unless the context otherwise12
indicates:13
* * *14
(16) "Spontaneous fetal death" (stillbirth) means and "stillbirth" mean the15
expulsion or extraction of a product of human conception resulting in other than a16
live birth and when the expulsion or extraction is not the result of an induced17
termination of pregnancy.18
* * *19
§92. Certificate of stillbirth; requirements20
A.(1) In addition to the requirements in R.S. 40:47 and 49, the state registrar21
shall establish a certificate of stillbirth on a form approved by the state registrar for22 HLS 14RS-839 ORIGINAL
HB NO. 403
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
each spontaneous fetal death which occurs in this state after twenty complete weeks1
of gestation or more, calculated from the date the last normal menstrual period began2
to the date of delivery, or a weight of three hundred fifty grams or more; and for each3
instance of spontaneous fetal death when a parent of a stillborn child requests a4
certificate of stillbirth.5
(2) This certificate shall be provided by the Vital Records Registry upon the6
request of the parent or parents of a stillborn child.7
* * *8
§2017.13. Hospital policies concerning disposition of fetal remains9
Every licensed hospital, maternity home, and other licensed health facility10
that provides medical care shall adopt written policies and inform parents regarding11
their options for disposition or taking of fetal remains in an event of a spontaneous12
fetal death.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Burford HB No. 403
Abstract: Authorizes issuance of certificates of stillbirth in certain instances and provides
for hospital policies concerning disposition of fetal remains.
Present law defines "spontaneous fetal death" and "stillbirth" as the expulsion or extraction
of a product of human conception resulting in other than a live birth and when the expulsion
or extraction is not the result of an induced termination of pregnancy, without reference to
gestational age or weight of the fetus.
Present law requires the state registrar of vital records to establish a certificate of stillbirth
on an approved form for each spontaneous fetal death which occurs in this state after 20
complete weeks of gestation or more or a weight of 350 grams or more. Proposed law
authorizes issuance of this form for other instances of spontaneous fetal death when
requested by a parent of a stillborn child.
Proposed law requires that every licensed hospital, maternity home, and other licensed health
facility providing medical care adopt written policies and inform parents regarding their
options for disposition or taking of fetal remains in an event of a spontaneous fetal death.
(Amends R.S. 40:32(16) and 92(A); Adds R.S. 40:2017.13)