SB424: Bill Text

SB424,4,3 69.145 (1k) Applicability. For purposes of this section, a stillbirth results from a spontaneous or accidental death of an unborn child. This section does not apply to remains resulting from an induced abortion of an unborn child.

SB424,6 Section 6. 69.145 (1r) (d) of the statutes is created to read:

SB424,4,6 69.145 (1r) (d) That he or she may request the unborn child's remains for final disposition or for an anatomical gift under s. 157.06.

SB424,7 Section 7. 69.145 (2) (a) of the statutes is amended to read:

SB424,4,12 69.145 (2) (a) If the parent or parents of the stillbirth, after being advised as provided in sub. (1) (1r), wish to have a certificate of birth resulting in stillbirth prepared, the party responsible for filing the fetal death report under s. 69.18 (1) (e) 1. facility that advised a parent under sub. (1r) shall, within 5 days after delivery of the stillbirth, prepare and file the certificate with the state registrar.

SB424,8 Section 8. 69.145 (3) of the statutes is amended to read:

SB424,4,23 69.145 (3) Special preparation under certain circumstances. Notwithstanding subs. (1) (1r) and (2), if a birth that occurred in this state at any time resulted in a stillbirth for which a fetal death report was required under s. 69.18 (1) (e) 1. but a certificate of birth resulting in stillbirth was not prepared under sub. (2), a parent of the stillbirth may, on or after August 1, 2004, submit to the state registrar a written request for preparation of a certificate of birth resulting in stillbirth and evidence of the facts of the stillbirth that is satisfactory to the state registrar. The state registrar shall prepare and file the certificate of birth resulting in stillbirth within 30 days after receiving satisfactory evidence of the facts of the stillbirth.

SB424,9 Section 9 . 69.145 (5) of the statutes is created to read:

SB424,5,7 69.145 (5) Final disposition of a stillbirth. A facility in which a birth results in a stillbirth shall facilitate the final disposition of the stillbirth in accordance with the wishes of a parent of the stillbirth. If a parent of the stillbirth is not available or if an available parent of the stillbirth does not express wishes regarding final disposition of the stillbirth, the facility shall arrange for final disposition of the stillbirth. Requirements and procedures of s. 69.18 apply to final disposition of a stillbirth under this subsection.

SB424,10 Section 10. 69.145 (6) of the statutes is created to read:

SB424,5,11 69.145 (6) Penalty. Any facility at which a birth results in a stillbirth that violates sub. (1r), (2), or (5) is subject to a forfeiture of not less than $5,000 but not more than $10,000.

SB424,11 Section 11 . 69.18 (1) (a) (intro.) of the statutes is amended to read:

SB424,5,14 69.18 (1) (a) (intro.) Any one of the following may move a corpse or a stillbirth for the purpose of final disposition:

SB424,12 Section 12 . 69.18 (3) (f) of the statutes is amended to read:

SB424,5,20 69.18 (3) (f) Every person in charge of a place in which interment or other disposition of corpses occurs shall maintain a written record of every corpse or stillbirth interred there. The record shall include the name of the decedent, the place of death, the date of burial and the name and address of the funeral director or other person in charge of the funeral.

SB424,13 Section 13 . 69.18 (4) (a) (intro.) of the statutes is amended to read:

SB424,6,5 69.18 (4) (a) (intro.) Subject to s. 157.111, the coroner or medical examiner of the county in which a decedent's corpse or stillbirth is interred shall issue an authorization for disinterment and reinterment upon receipt of an order of a court of competent jurisdiction or upon receipt of a written application for disinterment and reinterment signed by the person in charge of the disinterment and by any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of application, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class:

SB424,14 Section 14. 157.06 (9) (a) (intro.) of the statutes is amended to read:

SB424,6,11 157.06 (9) (a) (intro.) Except as provided in subs. (7) and, (8), and (9m) and subject to pars. (b) and (c), any member of the following classes of persons, in the order of priority listed, who is reasonably available may, in the manner provided in sub. (10), make an anatomical gift of the body or part of an individual who is near death or has died:

SB424,15 Section 15. 157.06 (9m) of the statutes is created to read:

SB424,6,15 157.06 (9m) Anatomical gift of a stillbirth. (a) In this subsection, “stillbirth” has the meaning given in s. 69.01 (24m) but does not include remains resulting from an induced abortion, as defined in s. 69.01 (13m), of an unborn child.

SB424,6,18 (b) Notwithstanding sub. (9), a parent or the parents of a stillbirth may make an anatomical gift under this section of the stillbirth's body or part if the parent or parents sign a written statement declaring all of the following:

SB424,6,20 1. The parent or parents make an anatomical gift for transplantation, therapy, research, or education.

SB424,6,23 2. 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.

SB424,6,25 3. The parent or parents have been informed of the final disposition process under sub. (11) (g).

SB424,16 Section 16. 157.06 (14) (h) and (i) of the statutes are created to read:

SB424,7,6 157.06 (14) (h) A person that receives public moneys from the state and that accepts an anatomical gift of fetal tissue shall record whether or not the tissue was the result of a stillbirth, as defined in sub. (9m) (a), and shall record the procurement organization. The department of health services shall audit the records created under this paragraph for compliance with this section.

SB424,7,11 (i) The department of health services shall study the feasibility of developing a fetal tissue and umbilical cord blood bank for use in research and experimentation. The department of health services shall submit a report of the results of the study to the appropriate standing committees of the legislature with jurisdiction over health issues under s. 13.172 (3).

SB424,17 Section 17. 157.06 (25m) (a), (d) and (e) of the statutes are amended to read:

SB424,7,21 157.06 (25m) (a) A hospital, organ procurement organization, tissue bank, coroner, or medical examiner that provides a record of gift to a person who may make an anatomical gift under sub. (4) or, (9), or (9m) shall include in the record of gift the following sentences: “I understand that donated bones or tissues, including skin, may have numerous uses, including for reconstructive and cosmetic purposes, and that multiple organizations, including nonprofit and for-profit organizations, may recover, process, or distribute the donations. I further understand that I may, by this record, limit the use of the bones or tissues, including skin, that are donated or types of organizations that recover, process, or distribute the donation."

SB424,8,2 (d) If a person who may make an anatomical gift under sub. (4) or, (9), or (9m) makes an anatomical gift under this subsection, the hospital, organ procurement organization, tissue bank, coroner, or medical examiner that provides to the person a record of gift under par. (a) shall also provide the person with the telephone number and address of the agency or organization that recovers the anatomical gift.

SB424,8,5 (e) The requester under par. (a) shall provide the person who may make an anatomical gift under sub. (4) or, (9), or (9m) with a copy of any record of gift executed under the requirements of this subsection.

SB424,8,6 (End)