2016 Indiana Code TITLE 16. HEALTH ARTICLE 34. ABORTION CHAPTER 3. TREATMENT OF ABORTED REMAINS
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IC 16-34-3
Chapter 3. Treatment of Aborted Remains
IC 16-34-3-1
Effective January 1, 2016
Sec. 1. This chapter is effective beginning January 1, 2016.
As added by P.L.113-2015, SEC.6.
IC 16-34-3-2
Right to determine final disposition of aborted fetus;
determination; parental consent; documentation
Sec. 2. (a) A pregnant woman who has an abortion under this
article has the right to determine the final disposition of the aborted
fetus.
(b) After receiving the notification and information required by
IC 16-34-2-1.1(2)(H) and IC 16-34-2-1.1(2)(I), the pregnant woman
shall inform the abortion clinic or the health care facility:
(1) in writing; and
(2) on a form prescribed by the state department;
of the pregnant woman's decision for final disposition of the aborted
fetus before the aborted fetus may be discharged from the abortion
clinic or the health care facility.
(c) If the pregnant woman is a minor, the abortion clinic or health
care facility shall obtain parental consent in the disposition of the
aborted fetus unless the minor has received a waiver of parental
consent under IC 16-34-2-4.
(d) The abortion clinic or the health care facility shall document
the pregnant woman's decision concerning disposition of the aborted
fetus in the pregnant woman's medical record.
As added by P.L.113-2015, SEC.6. Amended by P.L.213-2016,
SEC.19.
IC 16-34-3-3
Responsibility for costs
Sec. 3. If the pregnant woman chooses a location for final
disposition other than the location of final disposition that is usual
and customary for an abortion clinic or a health care facility, the
pregnant woman is responsible for the costs related to the final
disposition of the aborted fetus at the chosen location.
As added by P.L.113-2015, SEC.6. Amended by P.L.213-2016,
SEC.20.
IC 16-34-3-4
Disposition by cremation or interment; permits; confidential
information
Sec. 4. (a) An abortion clinic or health care facility having
possession of an aborted fetus shall provide for the final disposition
of the aborted fetus. The burial transit permit requirements of
Indiana Code 2016
IC 16-37-3 apply to the final disposition of an aborted fetus, which
must be interred or cremated. However:
(1) a person is not required to designate a name for the aborted
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 pregnant woman is confidential and must be
redacted from any public records maintained under IC 16-37-3.
Aborted fetuses may be cremated by simultaneous cremation.
(b) The local health officer shall issue a permit for the disposition
of the aborted fetus to the person in charge of interment for the
interment of the aborted fetus. A certificate of stillbirth is not
required to be issued for an aborted fetus with a gestational age of
less than twenty (20) weeks of age.
(c) 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.113-2015, SEC.6. Amended by P.L.213-2016,
SEC.21.
IC 16-34-3-5
Informed consent brochure
Sec. 5. The state department shall make any changes necessary to
the informed consent brochure under IC 16-34-2-1.5 that are
necessary to comply with IC 16-34-2-1.1 and this chapter.
As added by P.L.113-2015, SEC.6.
IC 16-34-3-6
Development and distribution of forms
Sec. 6. The state department shall develop and distribute the
forms required by section 2 of this chapter.
As added by P.L.113-2015, SEC.6.
Indiana Code 2016
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