26B-2-233. Treatment of miscarried remains.
| (1) |
As used in this section, “miscarried fetus” means a product of human conception, regardless of gestational age, that has died from a spontaneous or accidental death before expulsion or extraction from the mother, regardless of the duration of the pregnancy. |
Terms Used In Utah Code 26B-2-233
- Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (2) |
| (a) |
A health care facility having possession of a miscarried fetus shall provide for the final disposition of the miscarried fetus through:
| (i) |
cremation as that term is defined in Section 58-9-102; or |
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| (b) |
A health care facility may not conduct the final disposition of a miscarried fetus less than 72 hours after a woman has her miscarried fetus expelled or extracted in the health care facility unless:
| (i) |
the parent authorizes the health care facility, in writing, to conduct the final disposition of the miscarried fetus less than 72 hours after the miscarriage occurs; or |
| (ii) |
immediate disposition is required under state or federal law. |
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| (c) |
A health care facility may serve as an authorizing agent as defined in Section 58-9-102 with respect to the final disposition of a miscarried fetus if:
| (i) |
the parent provides written authorization for the health care facility to act as the authorizing agent; or |
| (ii) |
| (A) |
more than 72 hours have passed since the miscarriage occurs; and |
| (B) |
the parent did not exercise their right to control the final disposition of the miscarried fetus under Subsection (4)(a). |
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| (d) |
Within 120 business days after the day on which a miscarriage occurs, a health care facility possessing miscarried remains shall:
| (i) |
conduct the final disposition of the miscarried remains in accordance with this section; or |
| (ii) |
ensure that the miscarried remains are preserved until final disposition. |
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| (e) |
A health care facility shall conduct the final disposition under this section in accordance with applicable state and federal law. |
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| (3) |
| (a) |
No more than 24 hours after a woman has her miscarried fetus expelled or extracted in a health care facility, the health care facility shall provide information to the parent or parents of the miscarried fetus regarding:
| (i) |
the parents’ right to determine the final disposition of the miscarried fetus; |
| (ii) |
the available options for disposition of the miscarried fetus; and |
| (iii) |
counseling that may be available concerning the death of the miscarried fetus. |
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| (b) |
A health care facility shall:
| (i) |
provide the information described in Subsection (3)(a) through:
| (A) |
a form approved by the department; |
| (B) |
an in-person consultation with a physician; or |
| (C) |
an in-person consultation with a mental health therapist as defined in Section 58-60-102; and |
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| (ii) |
if the parent or parents make a decision under Subsection (4)(b), document the parent’s decision under Subsection (4)(b) in the parent’s medical record. |
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| (4) |
The parents of a miscarried fetus:
| (a) |
have the right to control the final disposition of the miscarried fetus; |
| (b) |
if the parents have a preference for disposition of the miscarried fetus, shall inform the health care facility of the parents’ decision for final disposition of the miscarried fetus; and |
| (c) |
are responsible for the costs related to the final disposition of the miscarried fetus at the chosen location if the parents choose a method or location for the final disposition of the miscarried fetus that is different from the method or location that is usual and customary for the health care facility. |
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| (5) |
The form described in Subsection (3)(b)(i) shall include the following information:
“You have the right to decide what you would like to do with the miscarried fetus. You may decide for the provider to be responsible for disposition of the fetus. The provider may dispose of the miscarried fetus by burial or cremation. You can ask the provider if you want to know the specific method for disposition.” |
| (6) |
| (a) |
A health care facility may not include a miscarried fetus with other biological, infectious, or pathological waste. |
| (b) |
Fetal tissue that is sent for permanently fixed pathology or used for genetic study is not subject to the requirements of this section. |
| (c) |
| (i) |
A health care facility is responsible for maintaining a record to demonstrate to the department that the health care facility has complied with the provisions of this section. |
| (ii) |
The records described in Subsection (6)(c)(i) shall be:
| (A) |
maintained for at least two years; and |
| (B) |
made available to the department for inspection upon request by the department. |
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Renumbered and Amended by Chapter 305, 2023 General Session
