House
File
2478
-
Introduced
HOUSE
FILE
2478
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HSB
660)
A
BILL
FOR
An
Act
relating
to
fetal
deaths
including
the
disposition
of
1
bodily
remains,
and
the
filing
of
a
fetal
death
certificate,
2
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
144.1,
Code
2020,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
1A.
“Bodily
remains”
means
the
physical
3
remains,
corpse,
or
body
parts
of
a
dead
fetus,
which
remains
4
were
expelled
or
extracted
following
a
fetal
death.
“Bodily
5
remains”
does
not
include
medical
waste.
6
NEW
SUBSECTION
.
9A.
“Induced
termination
of
pregnancy”
7
means
a
termination
of
pregnancy
by
any
means
of
a
woman
known
8
to
be
pregnant
with
the
intent
other
than
to
produce
a
live
9
birth
or
to
remove
a
dead
fetus.
10
NEW
SUBSECTION
.
9B.
“Induces
a
termination
of
pregnancy”
11
means
the
use
of
any
means
to
terminate
the
pregnancy
of
a
12
woman
known
to
be
pregnant
with
the
intent
other
than
to
13
produce
a
live
birth
or
to
remove
a
dead
fetus.
14
NEW
SUBSECTION
.
11A.
“Medical
facility”
means
the
same
as
15
defined
in
section
146B.1.
16
NEW
SUBSECTION
.
11B.
“Medical
waste”
means
discarded
17
biologic
product
such
as
blood,
tissue,
or
body
parts
removed
18
from
medical
facilities
as
well
as
bedding,
bandages,
syringes,
19
and
similar
materials
that
have
been
used
in
treating
patients,
20
but
does
not
include
bodily
remains.
21
NEW
SUBSECTION
.
12A.
“Spontaneous
termination
of
pregnancy”
22
means
an
unintended
termination
of
pregnancy
at
any
time
during
23
the
period
from
conception
to
twenty
weeks
gestation.
24
NEW
SUBSECTION
.
13A.
“Stillbirth”
means
an
unintended
fetal
25
death
occurring
after
a
gestation
period
of
twenty
completed
26
weeks,
or
an
unintended
fetal
death
of
a
fetus
with
a
weight
of
27
three
hundred
fifty
or
more
grams.
28
Sec.
2.
Section
144.29,
subsection
1,
Code
2020,
is
amended
29
to
read
as
follows:
30
1.
A
fetal
death
certificate
for
each
fetal
death
which
31
occurs
in
this
state
after
a
gestation
period
of
twenty
twelve
32
completed
weeks
or
greater
,
or
for
a
fetus
with
a
weight
of
33
three
hundred
fifty
grams
or
more
shall
be
filed
as
directed
34
by
the
state
registrar
within
three
days
after
delivery
and
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prior
to
final
disposition
of
the
fetus
bodily
remains
.
The
1
certificate
shall
be
registered
if
it
has
been
completed
and
2
filed
in
accordance
with
this
chapter
.
3
Sec.
3.
Section
144.29A,
subsection
7,
Code
2020,
is
amended
4
to
read
as
follows:
5
7.
For
the
purposes
of
this
section
:
6
a.
“Health
care
provider”
,
“health
care
provider”
means
an
7
individual
licensed
under
chapter
148
,
148C
,
148D
,
or
152
,
8
or
any
individual
who
provides
medical
services
under
the
9
authorization
of
the
licensee.
10
b.
“Inducing
a
termination
of
pregnancy”
means
the
use
of
11
any
means
to
terminate
the
pregnancy
of
a
woman
known
to
be
12
pregnant
with
the
intent
other
than
to
produce
a
live
birth
or
13
to
remove
a
dead
fetus.
14
c.
“Spontaneous
termination
of
pregnancy”
means
the
15
occurrence
of
an
unintended
termination
of
pregnancy
at
16
any
time
during
the
period
from
conception
to
twenty
weeks
17
gestation
and
which
is
not
a
spontaneous
termination
of
18
pregnancy
at
any
time
during
the
period
from
twenty
weeks
or
19
greater
which
is
reported
to
the
department
as
a
fetal
death
20
under
this
chapter
.
21
Sec.
4.
NEW
SECTION
.
144.29B
Final
disposition
of
bodily
22
remains
after
fetal
death.
23
1.
When
a
fetal
death
occurs
in
an
institution
or
medical
24
facility,
the
individual
in
charge
of
the
institution
or
25
medical
facility
shall
inform
the
woman
that
the
woman
may
26
determine
the
final
disposition
of
the
bodily
remains.
A
27
determination
request
by
the
woman
under
this
subsection
may
28
be
made
within
the
time
frame
established
by
rule
of
the
29
department.
30
2.
a.
The
individual
in
charge
of
the
institution
or
31
medical
facility
where
the
bodily
remains
were
expelled
or
32
extracted
shall
obtain
from
the
woman
a
written
authorization
33
for
final
disposition
on
a
form
prescribed
and
furnished
or
34
approved
by
the
department.
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b.
The
authorization
may
allow
final
disposition
to
be
by
1
the
individual
in
charge
of
the
institution
or
medical
facility
2
where
the
bodily
remains
were
expelled
or
extracted
or
another
3
person
assuming
responsibility
for
the
final
disposition
of
the
4
bodily
remains.
5
c.
The
woman
may
direct,
in
the
written
authorization,
that
6
the
final
disposition
of
the
bodily
remains
be
completed
as
7
follows:
8
(1)
Only
by
burial,
interment,
or
cremation
when
the
bodily
9
remains
are
the
result
of
an
induced
termination
of
pregnancy,
10
a
spontaneous
termination
of
pregnancy,
or
a
stillbirth.
11
(2)
In
addition
to
the
means
specified
in
subparagraph
12
(1),
when
the
bodily
remains
are
the
result
of
a
spontaneous
13
termination
of
pregnancy
or
a
stillbirth,
by
means
in
14
compliance
with
chapter
142C.
15
d.
When
the
bodily
remains
are
the
result
of
an
induced
16
termination
of
pregnancy
and
the
pregnant
woman
is
a
minor,
the
17
institution
or
medical
facility
shall
obtain
parental
consent
18
for
the
authorization
of
final
disposition
of
the
bodily
19
remains,
unless
the
minor
has
received
a
waiver
of
notification
20
pursuant
to
chapter
135L.
21
e.
The
written
authorization
provided
under
paragraph
22
“c”
shall
allow
the
woman
to
waive
direction
of
the
final
23
disposition
of
the
bodily
remains
and
instead
authorize
the
24
institution
or
medical
facility
to
select
the
manner
of
final
25
disposition
by
burial,
interment,
or
cremation.
26
f.
The
individual
in
charge
of
the
institution
or
medical
27
facility
where
the
bodily
remains
were
expelled
or
extracted
or
28
the
person
assuming
responsibility
for
the
final
disposition
29
of
the
bodily
remains
shall
ensure
that
the
final
disposition
30
of
the
bodily
remains
is
performed
in
compliance
with
the
31
authorization
for
final
disposition
and
shall
retain
the
32
authorization
as
specified
by
rule
of
the
department.
33
3.
If
the
woman
chooses
a
location
of
final
disposition
34
other
than
the
location
of
final
disposition
that
is
usual
and
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customary
for
the
institution
or
medical
facility,
the
woman
is
1
responsible
for
the
costs
related
to
the
final
disposition
of
2
the
bodily
remains
at
the
chosen
location.
3
4.
The
final
disposition
of
the
bodily
remains
shall
not
be
4
by
simultaneous
cremation.
5
5.
The
bodily
remains
shall
not
be
treated
as
medical
waste.
6
6.
The
bodily
remains
may
be
moved
from
the
place
where
the
7
bodily
remains
were
expelled
or
extracted
to
be
prepared
for
8
final
disposition
with
the
consent
of
the
person
who
certified
9
the
death.
10
7.
The
final
disposition
of
the
bodily
remains
under
11
this
section
shall
comply
with
all
other
requirements
for
12
disposition
of
bodily
remains
under
this
chapter
and
other
13
applicable
law.
14
8.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
15
to
administer
this
section.
16
Sec.
5.
Section
144.31A,
subsection
1,
Code
2020,
is
amended
17
to
read
as
follows:
18
1.
As
used
in
this
section
:
19
a.
“Certificate
of
birth
resulting
in
stillbirth”
,
20
“certificate
of
birth
resulting
in
stillbirth”
means
a
document
21
issued
based
upon
a
properly
filed
fetal
death
certificate
to
22
record
the
birth
of
a
stillborn
fetus.
23
b.
“Stillbirth”
means
stillbirth
as
defined
in
section
24
136A.2
.
25
Sec.
6.
Section
144.52,
subsection
7,
Code
2020,
is
amended
26
to
read
as
follows:
27
7.
Knowingly
violates
a
provision
of
section
144.29A
or
28
144.29B
.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
fetal
deaths,
fetal
death
certificates,
33
and
disposition
of
bodily
remains.
34
FETAL
DEATHS
AND
DISPOSITION
OF
BODILY
REMAINS.
The
bill
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amends
provisions
in
Code
chapter
144
(vital
statistics)
to
1
establish
a
process
for
a
woman
to
direct
the
final
disposition
2
of
bodily
remains
following
a
fetal
death.
The
bill
provides
3
definitions
for
the
purposes
of
the
bill.
The
bill
provides
4
that
when
a
fetal
death
occurs
in
an
institution
or
medical
5
facility,
the
individual
in
charge
of
the
institution
or
6
medical
facility
shall
inform
the
woman
that
the
woman
may
7
determine
the
final
disposition
of
the
bodily
remains.
A
8
determination
request
by
the
woman
may
be
made
within
the
time
9
frame
established
by
rule
of
the
department
of
public
health
10
(DPH).
The
individual
in
charge
of
the
institution
or
medical
11
facility
where
the
bodily
remains
were
expelled
or
extracted
12
shall
obtain
from
the
woman
a
written
authorization
for
final
13
disposition
on
a
form
prescribed
and
furnished
or
approved
by
14
DPH.
15
The
authorization
may
allow
final
disposition
to
be
16
by
the
individual
in
charge
of
the
institution
or
medical
17
facility
or
another
person
assuming
responsibility
for
the
18
final
disposition
of
the
bodily
remains.
In
the
written
19
authorization,
the
woman
may
provide
for
disposition
of
the
20
bodily
remains
as
specified
in
the
bill.
When
the
bodily
21
remains
are
the
result
of
an
induced
termination
of
pregnancy,
22
a
spontaneous
termination
of
pregnancy,
or
a
stillbirth,
23
disposition
may
be
only
by
burial,
interment,
or
cremation.
24
When
the
bodily
remains
are
the
result
of
a
spontaneous
25
termination
of
pregnancy
or
a
stillbirth,
disposition
may
also
26
be
made
in
compliance
with
Code
chapter
142C
(the
revised
27
uniform
anatomical
gift
Act).
When
the
bodily
remains
are
28
the
result
of
an
induced
termination
of
pregnancy
and
the
29
pregnant
woman
is
a
minor,
the
institution
or
medical
facility
30
shall
obtain
parental
consent
for
the
authorization
of
final
31
disposition
of
the
bodily
remains,
unless
the
minor
has
32
received
a
waiver
of
notification
pursuant
to
Code
chapter
135L
33
(notification
requirements
regarding
pregnant
minors).
34
The
individual
in
charge
of
the
institution
or
medical
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facility
where
the
bodily
remains
were
expelled
or
extracted
or
1
the
person
assuming
responsibility
for
the
final
disposition
2
of
the
bodily
remains
shall
ensure
that
the
final
disposition
3
of
the
bodily
remains
is
performed
in
compliance
with
the
4
authorization
for
final
disposition,
and
such
person
shall
5
retain
the
authorization
as
specified
by
rule
of
DPH.
6
If
the
woman
chooses
a
location
of
final
disposition
other
7
than
the
location
of
final
disposition
that
is
usual
and
8
customary
for
the
institution
or
medical
facility,
the
woman
is
9
responsible
for
the
costs
related
to
the
final
disposition
of
10
the
bodily
remains
at
the
chosen
location.
11
The
final
disposition
of
the
bodily
remains
shall
not
be
12
by
simultaneous
cremation.
The
bodily
remains
shall
not
be
13
treated
as
medical
waste.
14
The
bodily
remains
may
be
moved
from
the
place
where
the
15
bodily
remains
were
expelled
or
extracted
to
be
prepared
for
16
final
disposition
with
the
consent
of
the
person
who
certified
17
the
death.
The
final
disposition
of
the
bodily
remains
18
under
the
bill
shall
comply
with
all
other
requirements
for
19
disposition
of
bodily
remains
under
Code
chapter
144
and
other
20
applicable
laws.
21
A
person
who
knowingly
violates
a
provision
of
the
bill
22
relating
to
the
final
disposition
of
bodily
remains
after
a
23
fetal
death
is
guilty
of
a
serious
misdemeanor.
A
serious
24
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
25
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
26
FILING
OF
FETAL
DEATH
CERTIFICATE.
The
bill
requires
a
fetal
27
death
certificate
to
be
filed
for
each
fetal
death
which
occurs
28
in
the
state
after
a
gestation
period
of
12
completed
weeks
or
29
greater.
Current
law
requires
a
fetal
death
certificate
to
30
be
filed
for
each
fetal
death
which
occurs
in
the
state
after
31
a
gestation
period
of
20
completed
weeks
or
greater
or
for
a
32
fetus
with
a
weight
of
350
grams
or
more.
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