Title 901 | Chapter 005 | Regulation 140
PREVIOUS VERSION
The previous document that this document is based upon is available.
901 KAR 5:140.Permit to transport fetal remains.
Section 1.
Definition. (1) "Fetal remains" is defined by KRS 213.098(1).Section 2.
Transport of Fetal Remains.(1)
(a)
A healthcare facility or abortion clinic shall notify the parent or parents of their right to determine the final disposition of the fetal remains resulting from an abortion or a miscarriage in accordance with KRS 213.098(2).(b)
The healthcare facility or abortion clinic shall document the parent's or parents' choice in the medical record.(2)
If the parent or parents elect to retain guardianship of the fetal remains, the parent or parents shall be provided a Permit to Transport Fetal Remains, VS-922.(3)
The parent or parents who take responsibility for fetal remains may contact the coroner of their county of residence to assist with the final disposition or may transport the fetal remains to a funeral home of their choice.(4)
The coroner who assists with the disposition of fetal remains shall complete the Permit to Transport Fetal Remains and submit a copy directly to the Office of Vital Statistics.(5)
A funeral home that receives fetal remains directly from the parent or parents shall request a copy of the Permit to Transport Fetal Remains and submit a copy directly to the Office of Vital Statistics.(6)
A healthcare facility or abortion clinic responsible for the final disposition of fetal remains shall follow their established protocols for disposition of human remains.(7)
Failure to obtain a permit to transport fetal remains may result in a penalty under KRS 213.991(3)(b).(8)
The VS-922 shall not substitute for the Report of Abortion, VS-913, incorporated by reference in 901 KAR 5:120.(9)
All personally identifiable information recorded on the VS-922 shall be redacted prior to release in response to an open records request.Section 3.
Incorporation by Reference.(1)
"Permit to Transport Fetal Remains", VS-922, 10/2022, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Public Health, first floor, Health Services Building, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material may be obtained, subject to applicable copyright law, at https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/abreqadr.aspx.HISTORY: (49 Ky.R. 1308; eff. 1-12-2023.)
STEVEN J. STACK, MD, MBA, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: November 8, 2022
FILED WITH LRC: November 9, 2022 at 2:10 p.m.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes process to request a permit to transport fetal remains and incorporates by reference the permit request form. The amended after comments version of this administrative regulation clarifies when a request to transport fetal remains is required, clarifies that the transport permit does not substitute for the abortion reporting required by 901 KAR 5:120, adds the provision that personally identifiable information on the permit forms will be redacted prior to release in response to an open records request, makes revisions to the material incorporated by reference for clarity, and makes other amendments necessary for KRS Chapter 13A requirements.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the process a parent or parents would follow to request a permit to transport fetal remains and to incorporate the form required by 2022 Ky Acts ch. 210.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes the process to request a permit to transport fetal remains.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will ensure fetal remains are transported in accordance with 2022 Ky Acts ch. 210 and are properly disposed.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will impact any woman seeking an abortion and the physician who performs the abortion. On average, there are 2,616 abortions performed each year. The Office of Vital Statistics (OVS) within the Department for Public Health will also be impacted by this administrative regulation. Healthcare facilities or abortion clinics that retain guardianship of the fetal remains for final disposition, coroners who may transport the fetal remains, and funeral homes that receive the fetal remains will be impacted by this administrative regulation.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The healthcare facility or abortion clinic staff will need to document the final disposition of fetal remains in the patient’s medical record and will need to provide the permit to transport fetal remains form to the parent or parents who elect to retain the fetal remains for final disposition. Coroners and funeral homes will need to be aware of the permit requirements and ensure the permit is submitted directly to OVS. Staff in OVS will need to be aware of the permit to transport fetal remains.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no costs to the healthcare facility or abortion clinic, or the parent or parents to complete the permit to transport fetal remains. There will be no cost to the coroner or funeral home. The Office of Vital Statistics will incur the costs associated with development of the forms as well as storage of the completed forms once received.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Those transporting fetal remains for final disposition will have the proper documentation to support the transport.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The department is unable to determine the initial cost to implement this administrative regulation. There will be initial costs associated with the staff time to develop the permit to transport form.
(b) On a continuing basis:
The department is unable to determine the ongoing cost to implement this administrative regulation. There will be costs associated with the receipt, storage, and maintenance of the form.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Agency funds will be used to implement and enforce this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not necessary to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees establishes in this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied as the requirements of this administrative regulation are applied equally to individuals who take responsibility for the disposition of fetal remains.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will impact the Office of Vital Statistics within the Division of Epidemiology and Health Planning in the Department for Public Health, Cabinet for Health and Family Services.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050 and 213.098.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation does not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation does not generate revenue.
(c) How much will it cost to administer this program for the first year?
The department is unable to determine the initial cost to implement this administrative regulation.
(d) How much will it cost to administer this program for subsequent years?
The department is unable to determine the ongoing cost to implement this administrative regulation.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not generate any cost savings in the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not generate any cost savings in subsequent years.
(c) How much will it cost the regulated entities for the first year?
The department is unable to determine the initial cost to implement this administrative regulation. There will be costs associated with the receipt, storage, and maintenance of the permit to transport form.
(d) How much will it cost the regulated entities for subsequent years?
The department is unable to determine the ongoing cost to implement this administrative regulation. There will be costs associated with the receipt, storage, and maintenance of the form.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation does not have a major economic impact.
901 KAR 5:140.Permit to transport fetal remains.
Section 1.
DefinitionSection 2.
Transport of Fetal Remains.(1)
(a)
(b)
The healthcare facility or abortion clinic shall document the parent's or parents' choice in the medical record.(2)
If the parent or parents elect to retain guardianship of the fetal remains,(3)
(a)
(b)
(4)
(3)(5)
The parent or parents who take responsibility for fetal remains may contact the coroner of their county of residence to assist with the final disposition or may transport the fetal remains to a funeral home of their choice.(4)(6)
The coroner who assists with the disposition of fetal remains shall complete the Permit to Transport Fetal Remains and submit a copy directly to the Office of Vital Statistics.(5)(7)
A funeral home that receives fetal remains directly from the parent or parents shall request a copy of the Permit to Transport Fetal Remains and submit a copy directly to the Office of Vital Statistics.(6)(8)
A healthcare facility or abortion clinic responsible for the final disposition of fetal remains shall follow their established protocols for disposition of human remains.(7)(9)
Failure to obtain a permit to transport fetal remains may result in a penalty under KRS 213.991(3)(b).(8)
The VS-922 shall not substitute for the Report of Abortion, VS-913, incorporated by reference in 901 KAR 5:120.(9)
All personally identifiable information recorded on the VS-922 shall be redacted prior to release in response to an open records request.Section 3.
Incorporation by Reference.(1)
"Permit to Transport Fetal Remains", VS-922, 10(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Public Health, first floor, Health Services Building, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material may be obtained, subject to applicable copyright law, at https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/abreqadr.aspx.HISTORY: (49 Ky.R. 1308; eff. 1-12-2023.)
STEVEN J. STACK, MD, MBA, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: November 8, 2022
FILED WITH LRC: November 9, 2022 at 2:10 p.m.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes process to request a permit to transport fetal remains and incorporates by reference the permit request form. The amended after comments version of this administrative regulation clarifies when a request to transport fetal remains is required, clarifies that the transport permit does not substitute for the abortion reporting required by 901 KAR 5:120, adds the provision that personally identifiable information on the permit forms will be redacted prior to release in response to an open records request, makes revisions to the material incorporated by reference for clarity, and makes other amendments necessary for KRS Chapter 13A requirements.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the process a parent or parents would follow to request a permit to transport fetal remains and to incorporate the form required by 2022 Ky Acts ch. 210.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes the process to request a permit to transport fetal remains.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will ensure fetal remains are transported in accordance with 2022 Ky Acts ch. 210 and are properly disposed.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will impact any woman seeking an abortion and the physician who performs the abortion. On average, there are 2,616 abortions performed each year. The Office of Vital Statistics (OVS) within the Department for Public Health will also be impacted by this administrative regulation. Healthcare facilities or abortion clinics that retain guardianship of the fetal remains for final disposition, coroners who may transport the fetal remains, and funeral homes that receive the fetal remains will be impacted by this administrative regulation.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The healthcare facility or abortion clinic staff will need to document the final disposition of fetal remains in the patient’s medical record and will need to provide the permit to transport fetal remains form to the parent or parents who elect to retain the fetal remains for final disposition. Coroners and funeral homes will need to be aware of the permit requirements and ensure the permit is submitted directly to OVS. Staff in OVS will need to be aware of the permit to transport fetal remains.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no costs to the healthcare facility or abortion clinic, or the parent or parents to complete the permit to transport fetal remains. There will be no cost to the coroner or funeral home. The Office of Vital Statistics will incur the costs associated with development of the forms as well as storage of the completed forms once received.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Those transporting fetal remains for final disposition will have the proper documentation to support the transport.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The department is unable to determine the initial cost to implement this administrative regulation. There will be initial costs associated with the staff time to develop the permit to transport form.
(b) On a continuing basis:
The department is unable to determine the ongoing cost to implement this administrative regulation. There will be costs associated with the receipt, storage, and maintenance of the form.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Agency funds will be used to implement and enforce this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not necessary to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees establishes in this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied as the requirements of this administrative regulation are applied equally to individuals who take responsibility for the disposition of fetal remains.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will impact the Office of Vital Statistics within the Division of Epidemiology and Health Planning in the Department for Public Health, Cabinet for Health and Family Services.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050 and 213.098.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation does not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation does not generate revenue.
(c) How much will it cost to administer this program for the first year?
The department is unable to determine the initial cost to implement this administrative regulation.
(d) How much will it cost to administer this program for subsequent years?
The department is unable to determine the ongoing cost to implement this administrative regulation.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not generate any cost savings in the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not generate any cost savings in subsequent years.
(c) How much will it cost the regulated entities for the first year?
The department is unable to determine the initial cost to implement this administrative regulation. There will be costs associated with the receipt, storage, and maintenance of the permit to transport form.
(d) How much will it cost the regulated entities for subsequent years?
The department is unable to determine the ongoing cost to implement this administrative regulation. There will be costs associated with the receipt, storage, and maintenance of the form.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation does not have a major economic impact.