194.200. Disposition of a stillborn child, definitions, duties of hospital, duties of parents, collection of costs, penalties.
Disposition of a stillborn child, definitions, duties of hospital,duties of parents, collection of costs, penalties.
194.200. 1. As used in this section, the following terms mean:
(1) "Final disposition", the burial, entombment, cremation, deliveryto an educational or medical institution for donation, delivery to thestate anatomical board or removal from the state of the remains of adeceased person;
(2) "Parents", either or both the biological mother or father of astillborn child, but such term shall not include an unknown or unidentifiedbiological father;
(3) "Stillborn child", a child who is dead at birth.
2. If a hospital or other health care facility transfers a stillbornchild to a funeral establishment for final disposition, the hospital orhealth care facility shall contact one or both of the parents of such childwithin twenty-four hours of such transfer for instructions on the method offinal disposition of the child. If the hospital contacts and receivesinstructions from at least one of the parents, the hospital shall conveysuch instructions to the funeral establishment which shall proceed asdirected by such instructions. If the funeral establishment receivesinstructions from at least one of the parents, the funeral establishmentmay arrange for the final disposition of the child in accordance with suchinstructions without contacting the other parent. If the parents of thechild do not provide instructions for the final disposition within fivedays, the funeral establishment shall conduct the most cost-effectivemethod of final disposition of such child and the hospital shall beresponsible for the cost of such final disposition. The hospital shall beentitled to collect the cost of such disposition from the parents. If theparents select the manner of final disposition, the parents shall beresponsible to the funeral establishment for the costs of such disposition.
3. Any person who violates the provisions of this section is guiltyof a class A misdemeanor.
(L. 1997 H.B. 713 § 1)