Procedures for disposal of fetal remains proposed

The Health and Human Services Committee considered a bill March 6 that would establish procedures for the disposition of fetal remains following an abortion.

Under current Nebraska law, hospitals must have a policy in place regarding the disposition of fetal remains following a miscarriage or stillbirth.

LB632, introduced by Blair Sen. Ben Hansen, would require a health care facility that performs an “elective abortion” to dispose of the remains by burial or cremation, or as directed by the state Board of Health if neither option is feasible. The bill does not include penalties for noncompliance.

The bill not only seeks to provide for the dignified and safe care of fetal remains, Hansen said, but also to protect public health. He said failure to properly dispose of human tissue and blood presents risks to the natural environment and the general public’s health.

Hansen said the World Health Organization has stated that improper disposal poses health risks through the release of pathogens and toxic pollutants into the environment, including the potential contamination of drinking, surface and groundwater.

“We can all agree on the importance of safe and effective practices [in] public health,” Hansen said. “That’s what LB632 is all about.”

Nate Grasz spoke in favor of the bill. Testifying on behalf of the Nebraska Family Alliance, he said there currently are inconsistencies in how fetal remains are treated in the state depending on how and where a pregnancy terminates.

Disposition is through burial or cremation when a baby is miscarried at a hospital, he said, but when a baby of the same gestational age is aborted at a clinic they are denied that “basic human dignity” and remains can be treated as medical waste.

“At least a dozen states have passed legislation to prevent such callous and inhumane treatment from happening,” Grasz said.

Speaking in support of LB632, Ann Suyker shared her experience following the miscarriage of two of her children. She said the grieving process was made even more difficult after one of her children was unable to receive a burial service.

“The value of a child is without measure, and regardless of how the life of a child is lost … the body of that child is deserving of the utmost respect,” Suyker said.

Spike Eickholt testified in opposition to the measure on behalf of the ACLU of Nebraska. He expressed concern that the bill’s “vague” language could deter Nebraska health care providers from performing abortions.

For example, he said, the term “elective abortion” is not defined in state law or the bill and could be interpreted to include medication procedures, which account for over 80% of abortions in the state.

The process requires one pill to be taken at a health care facility, with a second taken at the patient’s home to complete the procedure, he said. It is unclear whether the provisions of LB632 would apply to the health care facility in those cases, Eickholt said.

The committee took no immediate action on the proposal.