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§ 130A-131.10. Manner of disposition of remains of pregnancies.

Part 5. Disposition of Remains ofTerminated Pregnancies.

§ 130A‑131.10.  Mannerof disposition of remains of pregnancies.

(a)        The Commission forPublic Health shall adopt rules to ensure that all facilities authorized toterminate pregnancies, and all medical or research laboratories or facilitiesto which the remains of terminated pregnancies are sent by facilitiesauthorized to terminate pregnancies, shall dispose of the remains in a mannerlimited to burial, cremation, or, except as prohibited by subsection (b) ofthis section, approved hospital type of incineration.

(b)        A hospital or othermedical facility or a medical or research laboratory or facility shall disposeof the remains of a recognizable fetus only by burial or cremation. TheCommission shall adopt rules to implement this subsection.

(c)        A hospital or othermedical facility is relieved from the obligation to dispose of the remains inaccordance with subsections (a) and (b) of this section if it sends the remainsto a medical or research laboratory or facility.

(d)        This section doesnot impose liability on a permitted medical waste treatment facility for ahospital's or other medical facility's violation of this section nor does itimpose any additional duty on the treatment facility to inspect waste receivedfrom the hospital or medical facility to determine compliance with thissection. (1989,c. 85; 1997‑517, s. 4; 2007‑182, s. 2.)

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