HLS 16RS-604 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 618
BY REPRESENTATIVE WILLMOTT
HUMAN REMAINS: Requires a health facility to provide notice of a parent's right to
determine the final disposition of fetal remains
1 AN ACT
2To enact Part VI of Subchapter B of Chapter 5-D of Title 40 of the Louisiana Revised
3 Statutes of 1950, to be comprised of R.S. 40:1191.1 through 1191.2, relative to fetal
4 remains; to provide for definitions; to require notification of parents' right to
5 determine the final disposition; to require notification of available counseling; to
6 provide for final disposition if no parental decision indicated after forty-eight hours;
7 and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Part VI of Subchapter B of Chapter 5-D of Title 40 of the Louisiana
10Revised Statutes of 1950, comprised of R.S. 40:1191.1 through 1191.2, is hereby enacted
11to read as follows:
12 PART VI. DISPOSITION OF FETAL REMAINS
13 §1191.1. Definitions
14 As used in this Part, the following terms have the meaning ascribed to them
15 in this Section unless the context requires otherwise:
16 (1) "Final disposition" means the burial, cremation, or other disposition of
17 the remains of a human fetus following fetal death.
18 (2) "Health facility" means a facility licensed by the Department of Health
19 and Hospitals to provide health services.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-604 ORIGINAL
HB NO. 618
1 §1191.2. Final disposition of fetal remains; rights of parents; notice required;
2 exception
3 A. Prior to the final disposition of a miscarried or stillborn child, but in no
4 event more than twenty-four hours after the miscarriage or stillbirth occurs in a
5 health facility, the facility shall notify at least one parent, both orally and in writing,
6 of both of the following:
7 (1) The parent's right to arrange for the final disposition of the child.
8 (2) The availability of a chaplain or other counseling concerning the death
9 of the child, whether provided by the facility or another provider.
10 B.(1) The parent shall have forty-eight hours from receipt of the notice
11 provided by the health facility pursuant to Subsection A of this Section to elect in
12 writing to arrange for the final disposition of the child. The disposition shall be in
13 accordance with the provisions of Chapter 10 of Title 8 of the Louisiana Revised
14 Statutes of 1950.
15 (2) If the health facility does not receive the parent's decision for final
16 disposition of the child within the forty-eight-hour period provided for in Paragraph
17 (1) of this Subsection, the remains shall be disposed of in accordance with the rules
18 and regulations promulgated by the Department of Health and Hospitals.
19 C. No notice shall be required if both parents are incapacitated or otherwise
20 unable to receive the notice required by Subsection A of this Section.
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)]
HB 618 Original 2016 Regular Session Willmott
Abstract: Requires a health facility to provide notice to parents of the right to determine
the final disposition of a miscarried or stillborn child.
Proposed law requires a health facility, prior to the final disposition of a miscarried or
stillborn child, but in no event more than 24 hours after the miscarriage or stillbirth occurs
in the facility, to notify to least one parent, both orally and in writing, of both of the
following:
(1)The parent's right to arrange for the final disposition of the child.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-604 ORIGINAL
HB NO. 618
(2)The availability of a chaplain or other counseling concerning the death of the child,
whether provided by the facility or another provider.
No notice is required if both parents are incapacitated or otherwise unable to receive the
notification required by proposed law.
Proposed law grants the parent a period of 48 hours from receipt of the notice to elect in
writing to arrange for the final disposition of the child. If the parent's decision for final
disposition is not received within 48 hours, proposed law requires the health facility to
dispose of the remains in accordance with rules and regulations promulgated by the Dept.
of Health and Hospitals.
(Adds R.S. 40:1191.1-1191.2)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.