HLS 19RS-102 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 177
BY REPRESENTATIVE PUGH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VITAL STATISTICS: Provides relative to certificates of stillbirth
1 AN ACT
2To amend and reenact R.S. 40:32(16) and 92(A), and to enact R.S. 40:2017.13, relative to
3 instances of spontaneous fetal death, known also as stillbirth; to provide for
4 definitions; to authorize issuance of certificates of stillbirth to parents; to provide for
5 hospital policies concerning disposition of fetal remains; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:32(16) and 92(A) are hereby amended and reenacted and R.S.
940:2017.13 is hereby enacted to read as follows:
10 §32. Definition of terms
11 As used in this Chapter, the following terms shall have the meanings ascribed
12 to them in this Section unless otherwise provided for or unless the context otherwise
13 indicates:
14 * * *
15 (16) "Spontaneous fetal death" (stillbirth) means and "stillbirth" mean the
16 expulsion or extraction of a product of human conception resulting in other than a
17 live birth and when the expulsion or extraction is not the result of an induced
18 termination of pregnancy.
19 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-102 ORIGINAL
HB NO. 177
1 §92. Certificate of stillbirth; requirements
2 A.(1) In addition to the requirements in R.S. 40:47 and 49, the state registrar
3 shall establish a certificate of stillbirth on a form approved by the state registrar for
4 each spontaneous fetal death which occurs in this state after twenty complete weeks
5 of gestation or more, calculated from the date the last normal menstrual period began
6 to the date of delivery, or a weight of three hundred fifty grams or more; and for each
7 instance of spontaneous fetal death when a parent of a stillborn child requests a
8 certificate of stillbirth.
9 (2) This The certificate established pursuant to this Section shall be provided
10 by the Vital Records Registry upon the request of the parent or parents of a stillborn
11 child.
12 * * *
13 §2017.13. Hospital policies concerning disposition of fetal remains
14 Every licensed hospital, maternity home, and other licensed health facility
15 that provides medical care shall adopt written policies and inform parents regarding
16 their options for disposition or taking of fetal remains in an event of a spontaneous
17 fetal death.
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 177 Original 2019 Regular Session Pugh
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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-102 ORIGINAL
HB NO. 177
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)
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.