37.21.115    DISPOSITION OF FETUS OR DEAD INFANT

(1) The products of conception and any other tissue removed as a consequence of the abortion, except such tissue as necessary for examination, shall be disposed of in a manner similar to that for other surgically removed tissue at that facility, and in a way that does not endanger public health nor create a public nuisance.

(2) However, any dead fetus or infant having been removed after 20 weeks gestation may be disposed of by the facility only if the surviving parent or parents so authorize the facility. If the surviving parent or parents do not wish the fetus or infant to be disposed of by the facility, they then will be responsible for the disposition of the remains in a humane manner of their choosing.

(3) In the event that the facility is unable to secure an authorization, the facility may dispose of the dead fetus or infant in the manner indicated in (1) above.

History: Sec. 50-20-105, MCA; IMP, Sec. 50-20-105, MCA; NEW, EMERG, Eff. 7/1/74; NEW, Eff. 10/5/74; TRANS, from DHES, 2001 MAR p. 398.