105 Mass. Reg. 130.384

Current through Register 1523, June 7, 2024
Section 130.384 - Autopsy Consent Requirements
(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.

105 CMR 130.384

Amended by Mass Register Issue 1343, eff. 4/7/2017.