Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that amends the requirements for the disposal of fetal remains after an abortion or miscarriage.

Highlights:

• Requires a burial-transit permit to be issued by the local registrar for fetal remains that are less than 20 weeks in gestational age (Sec. 2).

• Defines “fetal remains” as an aborted or miscarried fetus (Sec. 1).

• Specifies that if an abortion occurs at a health care facility, no burial-transit permit is required for final deposition of the fetal remails if (Sec. 2):

• Disposition occurs in the state and is performed by a funeral service director; or

• The disposition takes place: 

• With the authorization of the pregnant individual for an aborted fetus; and

• In a general acute hospital or a pathology laboratory operated under contract with a general acute hospital.  

• Specifies that a local registrar issuing a burial-transit permit (Sec. 2):

• May not require an individual to designate a name for the fetal remains; 

• May leave space for a name on the burial-transit permit blank; and

• Must redact from the public record any information that could be used to identify the pregnant individual. 

• Requires a health care facility having possession of a miscarried fetus to provide for the final disposition through cremation or internment (Sec. 5).

• Defines “miscarried fetus” as a product of human conception, regardless of gestational age, that has died from a spontaneous or accidental death before expulsion or extraction from the pregnant individual, regardless of the duration of the pregnancy (Sec. 5).

• Prohibits a health care facility from conducting the final disposition less than 72 hours after a pregnant individual has a miscarried fetus expelled or extracted in the health care facility unless the pregnant individual authorizes the disposition in writing (Sec. 4).

• Requires the Department of Human Services to develop a publically available information module that informs pregnant individuals that they have the right to (Sec. 9):

• Determine the final disposition of the remains of an aborted fetus; 

• Unless the pregnant individual waives this right in writing, wait up to 72 hours after the abortion procedure is performed to make a determination regarding the disposition of the aborted fetus before the health care facility may dispose of the fetal remains; 

• Receive information about options for disposition of the aborted fetus, including the method of disposition that is usual and customary for a health care facility; and

• For a medication-induced abortion, return the aborted fetus to the health care facility for disposition; and 

• Provide a digital copy of the form required.

• Specifies that a funeral service establishment is exempt from any requirement to name the miscarried fetus or the aborted fetus, nor is it required to obtain a death certificate or fetal death certificate for the cremation or disposition of fetal remains that are less than 20 weeks for gestational age (Sec. 7).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that amends the requirements for the disposal of fetal remains after an abortion or miscarriage.

Highlights:

• Requires a burial-transit permit to be issued by the local registrar for fetal remains that are less than 20 weeks in gestational age (Sec. 2).

• Defines “fetal remains” as an aborted or miscarried fetus (Sec. 1).

• Specifies that if an abortion occurs at a health care facility, no burial-transit permit is required for final deposition of the fetal remails if (Sec. 2):

• Disposition occurs in the state and is performed by a funeral service director; or

• The disposition takes place: 

• With the authorization of the pregnant individual for an aborted fetus; and

• In a general acute hospital or a pathology laboratory operated under contract with a general acute hospital.  

• Specifies that a local registrar issuing a burial-transit permit (Sec. 2):

• May not require an individual to designate a name for the fetal remains; 

• May leave space for a name on the burial-transit permit blank; and

• Must redact from the public record any information that could be used to identify the pregnant individual. 

• Requires a health care facility having possession of a miscarried fetus to provide for the final disposition through cremation or internment (Sec. 5).

• Defines “miscarried fetus” as a product of human conception, regardless of gestational age, that has died from a spontaneous or accidental death before expulsion or extraction from the pregnant individual, regardless of the duration of the pregnancy (Sec. 5).

• Prohibits a health care facility from conducting the final disposition less than 72 hours after a pregnant individual has a miscarried fetus expelled or extracted in the health care facility unless the pregnant individual authorizes the disposition in writing (Sec. 4).

• Requires the Department of Human Services to develop a publically available information module that informs pregnant individuals that they have the right to (Sec. 9):

• Determine the final disposition of the remains of an aborted fetus; 

• Unless the pregnant individual waives this right in writing, wait up to 72 hours after the abortion procedure is performed to make a determination regarding the disposition of the aborted fetus before the health care facility may dispose of the fetal remains; 

• Receive information about options for disposition of the aborted fetus, including the method of disposition that is usual and customary for a health care facility; and

• For a medication-induced abortion, return the aborted fetus to the health care facility for disposition; and 

• Provide a digital copy of the form required.

• Specifies that a funeral service establishment is exempt from any requirement to name the miscarried fetus or the aborted fetus, nor is it required to obtain a death certificate or fetal death certificate for the cremation or disposition of fetal remains that are less than 20 weeks for gestational age (Sec. 7).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that amends requirements for the disposal of fetal remains from an abortion or miscarriage.

Highlights:

• Requires a burial-transit permit to be issued by the local registrar for fetal remains that are less than 20 weeks in gestational age (Sec. 2).

• Defines “fetal remains” as an aborted or miscarried fetus (Sec. 1).

• Specifies that if an abortion occurs at a health care facility, no burial-transit permit is required for final deposition of the fetal remails if (Sec. 2):

• Disposition occurs in the state and is performed by a funeral service director; or

• If the disposition takes place: 

• With the authorization of the pregnant individual for an aborted fetus; and

• In a general acute hospital or a pathology laboratory operated under contract with a general acute hospital.  

• Specifies that a local registrar issuing a burial-transit permit (Sec. 2):

• May not require an individual to designate a name for the fetal remains; 

• May leave space for a name on the burial-transit permit blank; and

• Must redact from the public record any information that could be used to identify the pregnant individual. 

• Requires a health care facility having possession of a miscarried fetus to provide for the final disposition through cremation or internment (Sec. 5).

• Defines “miscarried fetus” as a product of human conception, regardless of gestational age, that has died from a spontaneous or accidental death before expulsion or extraction from the pregnant individual, regardless of the duration of the pregnancy (Sec. 5).

• Prohibits a health care facility from conducting the final disposition less than 72 hours after a pregnant individual has a miscarried fetus expelled or extracted in the health care facility unless the pregnant individual authorizes the disposition in writing (Sec. 5).n

• Requires the Department of Human Services to develop a publically available information module that informs pregnant individuals that they have the right to (Sec. 9):

• Determine the final disposition of the remains of an aborted fetus; 

• Unless the pregnant individual waives this right in writing, wait up to 72 hours after the abortion procedure is performed to make a determination regarding the disposition of the aborted fetus before the health care facility may dispose of the fetal remains; 

• Receive information about options for disposition of the aborted fetus, including the method of disposition that is usual and customary for a health care facility; and

• For a medication-induced abortion, return the aborted fetus to the health care facility for disposition.

• Specifies that a funeral service establishment is exempt from any requirement to name the miscarried fetus or the aborted fetus, nor is it required to obtain a death certificate or fetal death certificate for the cremation or disposition of fetal remains that are less than 20 weeks for gestational age (Sec. 7).

Full Bill Text