Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 130.000 - Hospital Licensure
Subpart C - SUPPLEMENTARY STANDARDS: IN GENERAL
Section 130.395 - Disposition of Remains Following the Death of a Fetus

Current through Register 1531, September 27, 2024

(A) Hospitals shall have a written policy concerning disposition of remains of a fetus following the death of a fetus (other than by abortion) irrespective of the duration of the pregnancy.

(B) Hospitals shall have a written protocol that provides that following the death of a fetus (other than by abortion), and irrespective of the duration of the pregnancy, the parent is informed:

(1) of the availability of counseling, and how to access these services;

(2) of the parent's right to direct either burial, entombment, or cremation or disposal of the remains by the hospital;

(3) in writing, that disposal of the remains by the hospital will be in conformance with state law and (105 CMR 480.000: Minimum Requirements for the Management of Medical or Biological Waste (State Sanitary Code Chapter VIII); and

(4) of the availability of a written description of the hospital's policy with respect to the disposition of the remains.

(C) For the purposes of 105 CMR 130.395, fetus shall mean fetus or an embryo.

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