Montana 2023 Regular Session

Montana House Bill HB873

Introduced
3/21/23  

Caption

Provide for the disposition of fetal remains

Impact

The bill amends existing laws in Montana to include provisions specifically related to the respectful treatment and final disposition of fetal remains. This can influence state laws regarding maternal health procedures and regulations related to abortion services. Healthcare providers will need to adapt their practices to comply with the new regulations, which may also prompt further discussion on how fetal remains are treated across various healthcare contexts. There is an allocated budget for the Department of Public Health and Human Services to implement these changes effectively.

Summary

House Bill 873 mandates specific protocols for the treatment and disposition of fetal remains following a miscarriage or abortion. It requires healthcare providers to inform parents of their rights concerning the final disposition of these remains, including their options to either take the remains themselves or allow the healthcare provider to perform the disposition within a defined timeframe. This bill aims to provide a dignified and humane process for managing fetal remains, establishing regulations that outline how such situations should be handled legally and ethically.

Contention

Notable points of contention surrounding this bill include the underlying implications associated with fetal remains' dignified treatment. Some legislators and advocacy groups may argue that mandated procedures infringe upon privacy and existing reproductive rights, while others advocate for more humane practices in dealing with the sensitive issue of fetal remains. The bill seeks to balance the interests of parents, healthcare providers, and the state, which might lead to further debates on how these provisions align with broader reproductive health issues and rights.

Companion Bills

No companion bills found.

Previously Filed As

MT HB379

Provides for the final disposition of fetal remains

MT SB123

AN ACT relating to the dignified treatment of fetal remains.

MT HB618

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

MT HB1569

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

MT HB164

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

MT SB258

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

MT SB8

Relating to certain prohibited abortions and the treatment and disposition of a human fetus, human fetal tissue, and embryonic and fetal tissue remains; creating a civil cause of action; imposing a civil penalty; creating criminal offenses.

MT HB403

Provides for certificates of stillbirth and hospital policies concerning disposition of fetal remains

MT HB815

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

MT HB35

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

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