105 Mass. Reg. 130.386

Current through Register 1523, June 7, 2024

Section 130.386 - Classes of Persons Authorized to Consent

(A) The following order of priority is set forth for persons authorized to give consent for an autopsy:

(1) an agent of the decedent including, but not limited to, a health care agent appointed under a health care proxy pursuant to M.G.L. c. 201D, unless the power of attorney for health care or other record prohibits the agent from consenting to an autopsy;

(2) the spouse of the decedent;

(3) an adult child of the decedent;

(4) a parent of the decedent;

(5) an adult sibling of the decedent;

(6) an adult grandchild of the decedent;

(7) a grandparent of the decedent;

(8) an adult who exhibited special care and concern for the decedent;

(9) a person who was acting as a guardian of the decedent at the time of death; or

(10) any other person having the authority to dispose of the decedent's body.

(B) If a member of the highest priority class available to give consent opposes the autopsy and makes such opposition known to the hospital prior to the autopsy, the hospital shall not perform an autopsy on the decedent.

(C) If the class that is authorized to give consent to an autopsy contains more than one member, the hospital is required to obtain consent from only one member of that class. If a member of the same class as the person who is authorized to give consent to an autopsy opposes the autopsy and makes such opposition known to the hospital prior to the autopsy, the hospital shall not perform an autopsy on the decedent.

(D) A separated spouse, if available after diligent search, shall explicitly waive consent in writing or by a witnessed telephonic communication before a member of a lower priority class is authorized to give consent.

(E) A person of the highest priority class available to give consent who is younger than 18 years old, is not emancipated, or has been adjudicated mentally incompetent may not be the consenting party of record.

(F) A woman who is younger than 18 years old may consent to the autopsy of her deceased child or fetus.

105 CMR 130.386

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