Missouri Bill Regarding the Final Disposition of Aborted Fetal Remains (HB 2728)
This law was last updated on Jun 28, 2016
HB 2728 would require a physician performing an abortion to first present to the pregnant patient printed materials that are developed by the Department of Health and Senior Services and explain that she has the right to determine the final disposition of the remains of the aborted fetus, which options are available for such disposition, and provide information regarding any counseling available to a woman after an abortion.
Once the patient has received the information developed by the department and before the aborted fetus may be discharged from the abortion facility, the patient would need to inform the abortion facility in writing, of the patient’s decision for final disposition of the aborted fetus.
If the pregnant patient is a minor, the abortion facility would need to obtain parental consent regarding the disposition of the aborted fetus unless the minor has received a waiver of parental consent using the judicial bypass procedure.
The abortion facility would need to document the patient’s decision concerning the disposition of the aborted fetus in the woman’s medical record. If the patient chooses a means for final disposition that is not legally required of an abortion facility then the patient would be responsible for the costs related to the final disposition of the aborted fetus.
The provisions of Section 193.165 regarding spontaneous fetal death reports and certificates of birth resulting in stillbirth would apply to the final disposition of an aborted fetus with a gestational age of 20 weeks or more.
A pregnant patient may choose to cremate or inter an aborted fetus with a gestational age under 20 weeks and the local health department must issue a permit for the disposition of the aborted fetus to the person in charge of internment of the aborted fetus.