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ENGROSSED SENATE
BILL NO. 647 By: Pugh of the Senate
and
Stark of the House
An Act relating to childbirth; amending Section 1,
Chapter 120, O.S.L. 2019 (63 O.S. Supp. 2020, Section
3129), which relates to dispo sition of remains of a
child; creating “Lily’s Law”; providing definitions;
clarifying facilities subject to certain provisions;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 120, O.S.L.
2019 (63 O.S. Supp. 2020, Section 3129), is amended to read as
follows:
Section 3129. A. This section shall be known and may be cited
as “Lily’s Law”.
B. As used in this section:
1. “Fetal death” means:
a. spontaneous death prior to the complete expulsion or
extraction from its mother of an unborn child,
irrespective of gestational age. The death is
indicated by the fact that, a fter such expulsion or
extraction, the unborn child does not breathe or s how
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any other evidence of life such as beating of the
heart, pulsation of the umbilical cord or definite
movement of voluntary muscles ,
b. death that occurs as the result of accidental trauma
or a criminal assault on the pregna nt female or her
unborn child, irrespective of gestational age, or
c. death that occurs, irrespective of gestational age,
from the use or prescription of any in strument,
medicine, drug or any other substance or device to
remove an ectopic pregnancy; and
2. “Stillbirth” shall have the same meaning as provided by
subparagraph a of paragraph 1 of this subsection.
C. Every licensed hospital, birthing center or medical facility
in this state shall maintain a written policy for the disposition of
the remains of a child from a stillbirth or fetal death event, as
defined pursuant to Section 1-301 of Title 63 of the Oklahoma
Statutes, at such hospital, birthing center or medical facility . A
parent of the child shall hav e the right to direct the disposition
of the remains, except that dispos ition may be made by the hospital,
birthing center or medical facility if no direction is given by a
parent within fourteen (14) days following the delivery of the
remains. The policy and the disposition shall comply with all
applicable provisions of state and federal law. Upon the delivery
of a child from a stillbirth or a fetal death event, the hospital ,
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birthing center or medical facility shall notify at least one (1)
parent of the parents’ right to direct the disposit ion of the
remains of the child and shall provid e at least (1) one parent with
a copy of its policy with respect to disposition.
B. D. Except as otherwise provided by law, nothing in this
section shall be interpreted to prohibit any hospital , birthing
center or medical facility from providing additiona l notification
and assistance to the parent of a child d elivered as a stillbirth or
a fetal death event at the hospital, birthing center or medical
facility relating to the disposition of the remains of the c hild.
SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives