213.098 Disclosure regarding fetal remains -- Forms -- Prohibited activities.
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/ky/chapter-213/213-098A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For the purposes of this section, "fetal remains" means the biological remains
of a human child resulting from the termination of a pregnancy by a surgical or
medication abortion prior to birth or miscarriage.
(a)Within twenty-four
(24)hours before a surgical or medication abortion or
within twenty-four
(24)hours of a miscarriage, the healthcare facility or
abortion clinic shall disclose to the parent or parents of the fetus, both
orally and in writing, the parents' right to determine if they will take
responsibility for the final disposition of the fetal remains or relinquish the
responsibility for final disposition to the healthcare facility or abortion
clinic.
(b)If the procedure is a medication-induced abortion, the mother:
1. Shall be informed that she will expel a fetus after leaving the
healthcare facility or abortion clinic;
2. May choose to return the fetal remains to the healthcare facility or
abortion clinic for final disposition;
3. Shall be exempted from the requirements of KRS 213.081 that
require a permit for the purpose of transporting the fetal remains
back to the healthcare facility or abortion clinic for final disposition;
and
4. Shall be exempted from the requirements of KRS 213.096 that
require an abortion to be reported on a combination birth-death or
stillbirth certificate.
(c)After receiving the information required by paragraphs
(a)and
(b)of this
subsection, the parent or parents of the fetus shall inform the healthcare
facility or abortion clinic of their choice for the disposition of the fetal
remains by electing to either:
1. Relinquish the guardianship of the fetal remains and the
responsibility for final disposition of those remains to the
guardianship of the healthcare facility or abortion clinic which shall
dispose of those remains as they would any other human remains;
or
2. Retain the guardianship for the fetal remains and designate that
fetal remains shall be released to the parent or parents for
disposition.
(d)The healthcare facility or abortion clinic shall document the parent's or
parents' choice for the disposition of the fetal remains in the medical
record.
(3)The cabinet shall design forms through administrative regulations that
document:
(a)The age of the parent or parents of the fetal remains;
(b)In the event that the parents are under eighteen
(18)years of age, have
not been emancipated by court order, or have not obtained a court order
granting the right to self-consent, a consent by their parent or guardian;
(c)The status of fetal remains resulting from an abortion for the purpose of
cremation that shall meet any requirements for a birth-death, provisional
death, or death certificate for transport or cremation;
(d)A designation of how the fetal remains shall be disposed of and who shall
be responsible for the final disposition; and
(e)Any other information required by the cabinet.
(4)A person or entity shall not:
(a)Dispose of a fetus or fetal remains as medical or infectious waste;
(b)Offer money or anything of value for an aborted fetus or fetal remains;
(c)Accept money or anything of value for an aborted fetus or fetal remains;
or
(d)Transport, or arrange for the transportation of, fetal remains for any
purpose other than:
1. Final disposition by a crematory licensed under KRS Chapter 367;
2. Interment by a funeral establishment licensed under KRS Chapter
316;
3. Interment by the parent or parents privately in conformance with
KRS 381.697 and administrative regulations promulgated by the
Cabinet for Health and Family Services;
4. Delivery of the fetal remains to the healthcare facility or abortion
clinic for final disposition;
5. For law enforcement in the context of a criminal investigation with
the consent of the parent; or
6. To a pathology laboratory for examination of the fetal remains with
the consent of the parent.