Fetal remains regulations in other states


CALLS HAVE NOT BEEN RETURNED. WE ALSO WANTED TO KNOW MORE ABOUT WHAT WOULD HAPPEN IF THE STATE’S NEW FETAL REMAINS RULE DOES TAKE EFFECT.BUT KXAN INVESTIGATOR KEVIN SCHWALLER FOUND — TEXAS IS LARGELY VENTURING INTO NEW TERRITORY. ADVOCATES SPEAKING OUT AGAINST THE STATE’S NEW FETAL BURIAL RULE SAY IT’S UNCONSTITUTIONAL –“IT TAKES WHAT HAS TO BE AN INTIMATE, PERSONAL, PRIVATE MOMENT BETWEEN A WOMAN AND HER DOCTOR AND HER FAMILY DECIDING ‘WHAT DO WE DO IN THIS CASE.’ INSERTING THE STATE’S VIEWPOINT.”WE FOUND ARKANSAS IS ONE OF THE FEW PLACES WITH A LAW SIMILAR TO THE REGULATIONS NOW AT ISSUE IN FEDERAL COURT.”OFTEN THOSE REMAINS WERE MIXED IN WITH THE REST OF THE MEDICAL WASTE AND STERILIZED AND DISPOSED OF IN LANDFILLS. AND PERSONALLY, I HAVE A HUGE ISSUE WITH THAT.” ARKANSAS STATE REPRESENTATIVE KIM HAMMER SPONSORED WHAT IS NOW AN ARKANSAS LAW REQUIRING FETAL REMAINS TO BE BURIED, CREMATED, OR RELEASED TO A PATIENT.IT COVERS ABORTION CLINICS AND HOSPITALS.HAMMER SAYS HE WORKED WITH THE HOSPITAL ASSOCIATION ON THE LAW IN ARKANSAS.”AS FAR AS ANY FINANCIAL HARDSHIPS TO THE PARENTS, THERE IS NONE BECAUSE THE HOSPITALS ABSORB THAT COST.”HAMMER WASN’T FAMILIAR WITH THE SPECIFIC COST TO HOSPITALS IN HIS STATE.HE SAYS THE LAW IN ARKANSAS HAS NOT FACED A LEGAL CHALLENGE.STILL, TEXAS AND ARKANSAS AREN’T DIRECTLY COMPARABLE.THE ARKANSAS LEGISLATURE PASSED THE BURIAL LAW IN THAT STATE. IN TEXAS, THE FEDERAL COURT CASE IS OVER STATE HEALTH DEPARTMENT RULES. THE SCALE OF CHANGES IS ALSO DIFFERENT IN EACH STATE.TEXAS HAD 41 ABORTION PROVIDERS A FEW YEARS AGO — THAT NUMBER DROPPED TO 19 PROVIDERS AFTER THE HB 2 ABORTION RESTRICTIONS PASSED. ARKANSAS HAS JUST ONE PROVIDER LICENSED TO PERFORM ABORTIONS. KEVIN SCHWALLER.KXAN INVESTIGATES. WE CHECKED – GEORGIA ALSO HAS A SIMILAR LAW. HOWEVER, ITS LAW ONLY APPLIES TO ABORTIONS – NOT MISCARRIAGES.SIMILAR PROVISIONS IN INDIANA WERE UPHELD IN COURT THIS SUMMER AS

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