Synopsis of HB 1190 Treatment of Miscarried Remains
The passage of HB 1190 – Treatment of Miscarried Remains provides that within twenty-four hours after a miscarriage and when the gestational age of the unborn baby is determined to be less than twenty-weeks, the hospital, medical facility, or birthing center is required to tell the parent(s) both orally and in writing about their right to choose the final disposition for their miscarried baby.
A parent(s) must choose whether they want an individual burial for their baby or to have the hospital dispose of their baby’s fetal remains. Prior to the passage of HB 1190, a miscarried baby less than twenty weeks gestation, could be discarded as products of conception, medical waste or as bio hazardous waste.
Before the mother is released from the hospital, the necessary information concerning the parent’s choice for burial/final disposition must be completed.
The hospital, medical facility, or birthing center is required to document the parent’s decision for burial/final disposition in the medical record.
The hospital, medical facility, or birthing center is also required to inform parents of counseling that may be available for parents after the death of their child.
Prior to the passage of HB 1190, hospitals, birthing centers, and medical families were not required to obtain a parent’s authorization before disposing of the miscarried remains of an unborn child less than twenty (20) week gestation. These remains could legally be discarded as products of conception and/or as medical/ bio hazardous waste.
After HB 1190
After the passage of HB 1190 all parents are to be informed about their right to choose the final disposition of their baby’s fetal remains regardless of is gestational length. Parents are required to sign a consent form regarding this choice and to be provided with bereavement support and resources when available.
Providing information about miscarriage to mothers and others who grieve the loss of an unborn child.”