HB 164 — An Act providing for the final disposition of fetal remains; and imposing penalties.

PRINTER'S NO.   122

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 164
                                               Session of
                                                 2025

     INTRODUCED BY BONNER, PICKETT, M. BROWN, JAMES, KAUFFMAN, ROAE,
        CONKLIN, STAATS, BANTA, GLEIM, SMITH AND ZIMMERMAN,
        JANUARY 16, 2025

     REFERRED TO COMMITTEE ON HEALTH, JANUARY 16, 2025


                                    AN ACT
 1   Providing for the final disposition of fetal remains; and
 2      imposing penalties.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Final
 7   Disposition of Fetal Remains Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Department."    The Department of Health of the Commonwealth.
13      "Fetal death."   The expulsion or extraction from its mother
14   of a product of conception which shows no evidence of life after
15   the expulsion or extraction.
16      "Fetal remains."   The fetus expelled or extracted in the case
17   of a fetal death.
 1      "Health care facility."       A facility licensed under Chapter 8
 2   of the act of July 19, 1979 (P.L.130, No.48), known as the
 3   Health Care Facilities Act.
 4      "Person in charge of interment."        A person who places or
 5   causes to be placed fetal remains in a grave, vault or other
 6   receptacle or otherwise disposes the fetal remains.
 7      "Unborn child."        An individual organism of the species homo
 8   sapiens from fertilization until expulsion or extraction from
 9   its mother.
10   Section 3.     Requirements for the final disposition of fetal
11                  remains.
12      (a)   Costs.--Upon the fetal death of an unborn child, if a
13   parent of the unborn child selects a location for the final
14   disposition of the fetal remains other than a location that is
15   usual and customary for a health care facility, the parent shall
16   be responsible for the costs relating to the final disposition
17   of the fetal remains.
18      (b)   Duties of health care facilities.--Except as provided
19   under subsection (a), a health care facility that possesses
20   fetal remains shall have the following duties:
21            (1)   Provide for the final disposition of the fetal
22      remains in accordance with the burial and transit permit
23      requirements under 28 Pa. Code Ch. 1 (relating to
24      administration of vital records).
25            (2)   Cremate or inter the fetal remains.
26      (c)   Identification requirements.--
27            (1)   Upon the fetal death of an unborn child, a person in
28      charge of interment shall not be required to designate a name
29      for the unborn child on the burial or transit permit under 28
30      Pa. Code Ch. 1, and the space for the name on the burial or

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 1      transit permit may remain blank.
 2            (2)   In accordance with Article VIII of the act of June
 3      29, 1953 (P.L.304, No.66), known as the Vital Statistics Law
 4      of 1953, information relating to the fetal death of an unborn
 5      child that may identify a parent of the unborn child shall
 6      remain confidential and shall not be subject to public
 7      disclosure.
 8      (d)   Simultaneous cremation.--If the fetal remains of an
 9   unborn child are not claimed by a parent of the unborn child, a
10   person in charge of interment may cremate the fetal remains by
11   simultaneous cremation.
12      (e)   Certificate of birth.--Upon the fetal death of an unborn
13   child, the department shall not be required to issue a
14   certificate of birth resulting in stillbirth under section 207
15   of the Vital Statistics Law of 1953 to a parent of the unborn
16   child.
17   Section 4.     Penalties.
18      A person who violates the provisions of this act shall be
19   subject to the penalties imposed under Article IX of the act of
20   June 29, 1953 (P.L.304, No.66), known as the Vital Statistics
21   Law of 1953.
22   Section 5.     Construction.
23      Nothing in this act shall be construed to amend the
24   definition of "fetal death" in section 105(4) of the act of June
25   29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of
26   1953, to require the issuance of a death certificate for an
27   unborn child or to require the cremation or interment of fetal
28   remains unless affirmatively requested by the parent or next of
29   kin of the unborn child.
30   Section 6.     Effective date.

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1     This act shall take effect in 60 days.




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