2014 Indiana Code
TITLE 16. HEALTH
ARTICLE 21. HOSPITALS
CHAPTER 11. TREATMENT OF MISCARRIED REMAINS
Download as PDF
<![CDATA[
IC 16-21-11
Chapter 11. Treatment of Miscarried Remains
IC 16-21-11-1
"Health care facility"
Sec. 1. As used in this chapter, "health care facility" means any of
the following:
(1) A hospital.
(2) A birthing center.
(3) Any other medical facility.
As added by P.L.127-2014, SEC.4.
IC 16-21-11-2
"Miscarried fetus"
Sec. 2. As used in this chapter, "miscarried fetus" means an
unborn child, irrespective of gestational age, who has died from a
spontaneous or accidental death before expulsion or extraction from
the unborn child's mother, irrespective of the duration of the
pregnancy.
As added by P.L.127-2014, SEC.4.
IC 16-21-11-3
"Person in charge of interment"
Sec. 3. As used in this chapter, "person in charge of interment"
means a person who places or causes to be placed the body of a
miscarried fetus who has a gestational age of less than twenty (20)
weeks of age or the ashes, after cremation, in a grave, vault, urn, or
other receptacle, or who otherwise disposes of the body or ashes.
As added by P.L.127-2014, SEC.4.
IC 16-21-11-4
Determination of disposition
Sec. 4. Subject to sections 5 and 6 of this chapter, the parent or
parents of a miscarried fetus may determine the final disposition of
the remains of the miscarried fetus.
As added by P.L.127-2014, SEC.4.
IC 16-21-11-5
Information required; final disposition decision
Sec. 5. (a) Not more than twenty-four (24) hours after a woman
has her miscarried fetus expelled or extracted in a health care facility,
the health care facility shall:
(1) disclose to the parent or parents of the miscarried fetus, both
orally and in writing, the parent's right to determine the final
disposition of the remains of the miscarried fetus;
(2) provide the parent or parents of the miscarried fetus with
written information concerning the available options for
disposition of the miscarried fetus; and
(3) inform the parent or parents of the miscarried fetus of
counseling that may be available concerning the death of the
miscarried fetus.
(b) The parent or parents of a miscarried fetus shall inform the
health care facility of the parent's decision for final disposition of the
miscarried fetus after receiving the information required in subsection
(a) but before the parent of the miscarried fetus is discharged from
the health care facility. The health care facility shall document the
parent's decision in the medical record.
As added by P.L.127-2014, SEC.4.
IC 16-21-11-6
Costs of final disposition; application of other laws; interment
permit
Sec. 6. (a) If the parent or parents choose a means of final
disposition other than the means of final disposition that is usual and
customary for the health care facility, the parent or parents are
responsible for the costs related to the final disposition of the fetus.
(b) If the parent or parents choose a means of final disposition that
provides for the interment of a miscarried fetus who has a gestational
age of at least twenty (20) weeks of age, the requirements under
IC 16-37-3 apply.
(c) Notwithstanding any other law, the parent or parents whose
miscarried fetus has a gestational age of less than twenty (20) weeks
of age may choose a means of final disposition that provides for the
cremation or the interment of the miscarried fetus. If the parent or
parents choose the cremation or interment of the miscarried fetus, the
local health officer shall provide the person in charge of interment
with a permit for the disposition of the body. A certificate of stillbirth
is not required to be issued for a final disposition under this
subsection.
(d) IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, and
IC 29-2-19-17 concerning the authorization of disposition of human
remains apply to this section.
As added by P.L.127-2014, SEC.4.
]]>
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
