2016 Indiana Code
TITLE 16. HEALTH
ARTICLE 21. HOSPITALS
CHAPTER 11. TREATMENT OF MISCARRIED REMAINS
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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 under section 6 of this
Indiana Code 2016
chapter and IC 16-41-16-7.6; 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. Amended by P.L.213-2016,
SEC.10.
IC 16-21-11-6
Disposition by cremation or interment; costs; permits; confidential
information
Sec. 6. (a) If the parent or parents choose a location of final
disposition other than the location 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
at the chosen location.
(b) A health care facility having possession of a miscarried fetus
shall provide for the final disposition of the miscarried fetus. The
burial transit permit requirements under IC 16-37-3 apply to the final
disposition of the miscarried fetus, which must be cremated or
interred. However:
(1) a person is not required to designate a name for the
miscarried fetus on the burial transit permit and the space for a
name may remain blank; and
(2) any information submitted under this section that may be
used to identify the parent or parents is confidential and must be
redacted from any public records maintained under IC 16-37-3.
Miscarried fetuses may be cremated by simultaneous cremation.
(c) 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 of a
miscarried fetus having a gestational age of less than twenty (20)
weeks.
(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. Amended by P.L.213-2016,
SEC.11.
Indiana Code 2016
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