HLS 15RS-1338 ORIGINAL
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 166
BY REPRESENTATIVE BURFORD
HUMAN REMAINS: Requests the Department of Health and Hospitals to study means to
facilitate burial of a fetus or fetal remains resulting from a loss of pregnancy at less
than twenty weeks' gestation
1 A CONCURRENT RESOL UTION
2To urge and request the Department of Health and Hospitals to study means by which to
3 allow for the burial of a fetus or fetal remains resulting from a loss of pregnancy at
4 less than twenty weeks' gestation, and to report recommendations to the legislative
5 committees on health and welfare.
6 WHEREAS, many women who have experienced the loss of an unborn child through
7miscarriage or fetal death in utero speak of their deep grief over this loss; and
8 WHEREAS, it is not uncommon for parents facing such a loss to seek comfort in
9their sorrow by pursuing a proper burial for their unborn child; and
10 WHEREAS, the care of the remains of the unborn is therefore a matter of great
11significance; and
12 WHEREAS, both the medical and religious communities have identified the inability
13of a family to bury the remains of their unborn child as an issue that merits serious
14consideration by policymakers; and
15 WHEREAS, twenty-three states acknowledge the rights of parents to pursue the
16burial of the remains of their unborn child; and
17 WHEREAS, Louisiana law currently lacks this affirmation of parents' rights, as the
18applicable statute, R.S. 8:652, specifically exempts fetal remains from the requirement that
19human remains must be properly buried or cremated, with the tragic result that fetuses and
20fetal remains are classified legally in this state as "medical waste"; and
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HCR NO. 166
1 WHEREAS, if our state is to consistently uphold the dignity of each human being
2and to facilitate honoring the sanctity of the human body from which life has passed in time-
3honored traditions which bring solace and hope to the living, a prudent and just policy must
4be created for giving the individual fetus the same respect as an infant, child, or adult who
5dies.
6 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
7urge and request the Department of Health and Hospitals to study means by which to allow
8for the burial of a fetus or fetal remains resulting from a loss of pregnancy at less than
9twenty weeks' gestation.
10 BE IT FURTHER RESOLVED that in developing the study, the department shall
11engage, collaborate with, and obtain information and perspective from stakeholder groups
12with appropriate expertise, including but not limited to the following organizations:
13 (1) The Louisiana Conference of Catholic Bishops.
14 (2) The Louisiana Funeral Directors Association.
15 (3) The Louisiana State Coroners Association.
16 (4) The Louisiana Hospital Association.
17 (5) The Louisiana Clerks of Court Association.
18 (6) The Louisiana Interchurch Conference.
19 BE IT FURTHER RESOLVED that the department shall provide the findings of this
20study in the form of a report to the House Committee on Health and Welfare and the Senate
21Committee on Health and Welfare on or before December 31, 2015.
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)]
HCR 166 Original 2015 Regular Session Burford
Requests the Dept. of Health and Hospitals to study means by which to allow for the burial
of a fetus or fetal remains resulting from a loss of pregnancy at less than 20 weeks' gestation,
and to report recommendations to the legislative committees on health and welfare on or
before Dec. 31, 2015.
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