§1191.2. Final disposition of fetal remains; rights of parents; notice required; exception

A. Prior to the final disposition of a miscarried child, but not more than twenty-four hours after the miscarriage occurs in a health facility, the facility shall notify the patient, or if the patient is incapacitated, the spouse of the patient, both orally and in writing, of both of the following:

(1) The parent's right to arrange for the final disposition of the child through the use of the notice of parental rights form as provided for in R.S. 40:1191.3.

(2) The availability of a chaplain or other counseling services concerning the death of the child, if such services are provided by the health facility.

B.(1) The patient shall have forty-eight hours from receipt of the notice of parental rights form provided by the health facility pursuant to Subsection A of this Section to indicate on the notice of parental rights form the patient's intent to arrange for the final disposition of the miscarried child and to return the notice of parental rights form to the health facility.

(2) If the health facility receives the patient's completed notice of parental rights form within the time period required by this Subsection, and once it is medically appropriate for the final disposition of the fetal remains to occur, the health facility shall make the remains available to transfer for a minimum of seventy-two hours. After the transfer, the final disposition of the fetal remains by the transferee shall be in accordance with the provisions of Chapter 10 of Title 8 of the Louisiana Revised Statutes of 1950.

(3) If the health facility does not receive the patient's completed notice of parental rights form within the time period required by this Subsection, the fetal remains shall be disposed of in accordance with the rules and regulations promulgated by the Louisiana Department of Health.

C. No notice shall be required if both the patient and the patient's spouse are incapacitated or otherwise unable to receive the notice required by Subsection A of this Section.

Acts 2016, No. 59, §1, eff. Jan. 1, 2017.