Disposition of Remains Following the Death of a Fetus

(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.