This text of Louisiana § 40:1191.2 (Final disposition of fetal remains; rights of parents; notice required; exception) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§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 f
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§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.