Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 130.000 - Hospital Licensure
Subpart C - SUPPLEMENTARY STANDARDS: IN GENERAL
Section 130.384 - Autopsy Consent Requirements
Universal Citation: 105 CMR 130.000 MA Code of Regs 130.384
Current through Register 1531, September 27, 2024
(A) The hospital shall use a standardized written autopsy consent form that includes at a minimum:
(1) the name of the decedent and
date and time of death;
(2) the
name of the hospital where the autopsy is to be conducted;
(3) the general purpose for which the autopsy
is to be conducted;
(4) opportunity
for the person authorizing the autopsy to state any specific requests or
concerns regarding the autopsy. If the hospital is unable to comply with any
such request or address any such concern, the hospital shall not perform an
autopsy on the decedent.
(5)
opportunity for the person authorizing the autopsy to specify any limitations
on the autopsy;
(6) a separate
section regarding disposition of the organs following the autopsy, including:
(a) notification that the person authorizing
the autopsy has the right to control the final disposition of the
organs;
(b) a statement that the
hospital will return all organs with the body of the decedent at the time the
body is released, except for those organs for which prolonged fixation or
complete detailed examination is required to complete the autopsy, unless the
person authorizing the autopsy affirmatively designates an alternate
disposition. The hospital shall specify those particular organ(s) for which
prolonged fixation or detailed examination is required to complete the autopsy
and inform the person authorizing the autopsy that he or she has the right to
control the final disposition of the organ(s) being retained. If at the time
consent is requested the hospital cannot specify with certainty the organs for
which prolonged fixation or detailed examination is required, it shall so state
and shall specify the time and manner in which it will provide the information
about such organs to the person authorizing consent.
(c) opportunity to designate the disposition
of the organs, including but not limited to for research purposes. The hospital
may limit such disposition to those methods that conform to all applicable
requirements for safe handling and disposal of organs.
(7) the signature and printed name of the
person who obtained the consent, including his or her title and relationship to
the hospital;
(8) the signature and
printed name of a witness to the consent;
(9) the date and time of the signing of the
consent form;
(10) the printed name
of the person who is authorized to consent to the autopsy pursuant to
105 CMR
130.386, including his or her relationship to
the decedent; and
(11) the
signature of the person authorizing the autopsy.
(B) The hospital shall provide a copy of the signed consent form to the person authorizing the autopsy.
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