Wisconsin Bill Regarding the Final Disposition of Fetal Remains (SB 424)

This law was last updated on Sep 11, 2018

State

Wisconsin

Number

SB 424

Status

Failed to Pass

Proposed

Oct 2, 2017

Topics

Fetal Tissue

Full Bill Text

docs.legis.wisconsin.gov

SB 424 would require a facility to arrange for final disposition of a stillbirth, require notification of a parent of the stillbirth of the ability to obtain a certificate of birth resulting in stillbirth, and make certain requirements for informed consent for an anatomical gift of a stillbirth.

The bill defines “stillbirth” to mean:

“remains of an unborn child resulting from a miscarriage or human remains of a child born under circumstances other than a live birth.”

The bill eliminates the minimum age or weight requirement for requesting a certificate of birth resulting in stillbirth.

The bill requires the facility where the stillbirth occurred to inform the parent or parents of a stillbirth of any age or weight of the option to request a certificate of birth resulting in stillbirth and to prepare the certificate of birth resulting in stillbirth within 5 days of the delivery, if requested.

Such a facility would be required to inform the parent or parents that he or she may request the fetal remains for final disposition or for an anatomical gift and must facilitate the final disposition of the stillbirth in accordance with the wishes of a parent of the stillbirth. If a parent is not available or does not express wishes regarding final disposition, the facility would need to make arrangements for final disposition.

The bill defines “final disposition” to mean:

“the disposition of a corpse or stillbirth by burial, interment, entombment, cremation, delivery to a university or school under certain circumstances, or delivery to a medical or dental school anatomy department.”

A facility that violates the notification and filing of the certificate of birth resulting in stillbirth or final disposition requirements would be subject to a forfeiture anywhere between $5,000 to $10,000.

Informed Consent of Anatomical Gift

A parent or parents of a stillbirth may make an anatomical gift of the stillbirth’s body or part if the parent or parents declare the following:

The parent or parents make an anatomical gift for transplantation, therapy, research, or education;
The parent or parents have been informed of any known medical risks to the mother or risks to her privacy that may be associated with making an anatomical gift; and
The parent or parents have been informed of the final disposition process.

The bill would require that anyone that receives public funds from the state and receives fetal tissue as an anatomical gift record whether or not the tissue was the result of a stillbirth and the procurement organization.

Blood Bank

The bill would require the Department of Health Services to study the feasibility of developing a fetal tissue and umbilical cord blood bank for use in research and experimentation and would be required to report its results to legislative standing committees with jurisdiction over health issues.

Related Legislation

Companion bill to AB 550.

Related to AB 8/SB 422 and SB 423.