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State of South Dakota
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SEVENTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY, 1998 |
| 529B0625 |
HOUSE ENGROSSED
NO.
HB1161
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2/9/98
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| Introduced by: Representatives Hunt, Apa, Belatti, Brooks, Cerny, Chicoine, Diedrich, Fitzgerald, Hassard, Jaspers, Kazmerzak, Koskan, Kredit, Lucas, Madden, Matthews, McNenny, Monroe, Pederson (Gordon), Pummel, Putnam, Roe, Rost, Schrempp, Smidt, Solum, Van Gerpen, Weber, Wetz, and Wick and Senators Lawler, Aker, Albers, Drake, Dunn (Jim), Dunn (Rebecca), Flowers, Frederick, Hainje, Halverson, Hutmacher, Johnson (William), Kleven, Kloucek, Lange, Reedy, Rounds, Staggers, Symens, and Vitter |
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Remains of a human embryo or fetus resulting from an abortion or miscarriage, induced or occurring accidentally or spontaneously at a hospital, clinic, or medical facility shall be deposited or disposed of in this state only at the place and in the manner provided by this Act.
Section 2. Any hospital, clinic, or medical facility in which abortions are induced or occur spontaneously or accidentally or laboratory to which the remains of human embryos or fetuses are delivered shall provide for the disposal of the remains by cremation, interment by burial, or by incineration in a medical waste incinerator approved by the Department of Environment and Natural Resources. If incineration is used, the remains of the human embryo or fetus shall be incinerated separately from other medical waste. The hospital, clinic, medical facility, or
laboratory may perform any laboratory tests necessary for the health for the woman or her future
offspring, or for the purposes of a criminal investigation, or for determination of parentage prior
to disposing of the remains.
Section
3.
Any failure to comply with the provisions of this Act constitutes a public
nuisance. Any person, firm, or corporation failing to comply with the provisions of this Act is
guilty of a Class 1 misdemeanor.
Section
4.
No religious service or ceremony is required as part of the disposition of the
remains of a human embryo or fetus. The hospital, clinic, or medical facility shall discuss the
method of disposition with the woman who had the miscarriage.
Section
5.
Tissue and organ donation may occur in cases of spontaneous abortions if the
consent of the mother is obtained.
BILL HISTORY
1/20/98 First read in House and referred to Health and Human Services. H.J. 127
1/30/98 Scheduled for Committee hearing on this date.
2/2/98 Scheduled for Committee hearing on this date.
2/2/98 Health and Human Services Do Pass Amended, Passed, AYES 13, NAYS 0. H.J. 334
2/4/98 House of Representatives Deferred to another day.
2/9/98 House of Representatives Do Pass Amended, Passed, AYES 62, NAYS 4. H.J. 480
