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Senate advances bill requiring dignity in handling fetal remains; debate centers on disclosure and records

Utah State Senate · February 10, 2020
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Summary

Senators adopted the second substitute of SB 67, which requires medical facilities to dispose of fetal remains by cremation or burial within 120 days and gives women the option (not requirement) to choose disposition or later inquire about how remains were handled; debate focused on medical‑record implications, simultaneous disposition and the bill’s framing.

The Senate advanced second substitute Senate Bill 67 after floor debate and a roll-call announcing 21 yeas, 6 nays and 2 absences. The bill requires medical facilities to dispose of the remains of an unborn child by cremation or burial within 120 days and allows — but does not require — a woman to choose how remains are disposed. Facilities may perform simultaneous disposition for multiple remains.

Sen. Bramble, sponsor, said the measure "requires those remains be treated with dignity" and described the bill as giving women an additional choice without imposing new obligations: "If she chooses to not check a box ... nothing in this bill requires her to do anything." He cited a 2012 incident involving a miscarriage that exposed logistical gaps in transporting fetal remains and said current practice treats remains as medical waste.

Opponents questioned recordkeeping and privacy implications. Sen. Escamilla asked whether a woman's selection would appear in her medical record and whether parents' medical records would be affected in miscarriage cases; Sen. Bramble replied that documentation would only enter a medical record if the woman elected to exercise the choice. Sen. Riebe raised practical questions about "simultaneous cremation" and whether the bill changes past procedures; the sponsor said simultaneous disposition permits disposing multiple remains together rather than individually.

The debate included emotional appeals and policy framing on both sides. Sen. Bramble characterized the measure as respecting the "sanctity of life," while Sen. Reebia and other opponents emphasized obligations to born children and social services. The Senate advanced the second substitute to third reading after the roll call.