§ 16-34-3-4 — Disposition by cremation or interment; permits; confidential information

(a) A hospital or ambulatory outpatient surgical
center having possession of an aborted fetus shall provide for the final
disposition of the aborted fetus. The burial transit permit requirements
of IC 16-37-3 apply to the final disposition of an aborted fetus, which
must be interred or cremated. However:
(1) a person is not required to designate a name for the aborted
fetus on the burial transit permit and the space for a name may
remain blank; and
(2) any information submitted under this section that may be used
to identify the pregnant woman is confidential and must be
redacted from any public records maintained under IC 16-37-3.
Aborted fetuses may be cremated by simultaneous cremation.
(b) If the hospital or ambulatory outpatient surgical center conducts
the cremation of aborted fetal remains on site, the hospital or
ambulatory outpatient surgical center must comply with all state laws
concerning the cremation of human remains as prescribed in IC 23-14-31. The hospital or ambulatory outpatient surgical center must
make the onsite cremation equipment available to the state department
for inspection at the time the hospital or ambulatory outpatient surgical
center is inspected. When the hospital or ambulatory outpatient
surgical center contracts with a licensed funeral home for the disposal
of the aborted fetal remains, the contract must be made available for
review by the state department at the time the hospital or ambulatory
outpatient surgical center is inspected.
(c) Except in extraordinary circumstances where the required
information is unavailable or unknown, a burial transit permit issued
under IC 16-37-3 that includes multiple fetal remains must be
accompanied by a log prescribed by the state department containing the
following information about each fetus included under the burial transit
permit:
(1) The date of the abortion.
(2) Whether the abortion was surgical or induced by an abortion
inducing drug.
(3) The name of the funeral director licensee who will be
retrieving the aborted fetus.
(4) In the case of an abortion induced by an abortion inducing
drug:
(A) whether the pregnant woman will cremate or inter the fetus,
or will return the fetus to the hospital or ambulatory outpatient
surgical center for disposition; and
(B) if the pregnant woman returns the fetus to the hospital or
ambulatory outpatient surgical center, whether the returned
fetus is included in the burial transit permit.
The hospital or ambulatory outpatient surgical center must keep a copy
of the burial transit permit and accompanying log in a permanent file.
(d) Each time the fetal remains are transported from one entity to
another for disposition, the entity receiving the fetal remains must
confirm that the number of fetal remains matches the information
contained in the burial transit permit and accompanying log. After final
disposition, a copy of the log will be sent back to the hospital or
ambulatory outpatient surgical center. The final log will be attached to
the original log described in subsection (c) and will be made available
for review by the state department at the time of inspection.
(e) A hospital or ambulatory outpatient surgical center is responsible
for demonstrating to the state department that the hospital or
ambulatory outpatient surgical center has complied with the protocol
provided in this section.
(f) A certificate of stillbirth is not required to be issued for an
aborted fetus with a gestational age of less than twenty (20) weeks of
age.
(g) IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, and IC 29-2-19-17 concerning the authorization of disposition of human
remains apply to this section.

Legislative History

As added by P.L.113-2015, SEC.6. Amended by P.L.213-2016, SEC.21; P.L.77-2020, SEC.3; P.L.179-2022(ss), SEC.31.