La. Admin. Code tit. 48 § I-705

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-705 - Stillbirths

A. The BAS must be notified of unclaimed stillbirths (DHHR's Office of General Counsel Opinion No. 79-20). A stillbirth is defined as a birth "... after at least 20 weeks of gestation, or a weight of 350 grams or more, in which the child shows no evidence of life after complete birth" (R.S. 40:32(5).

B. It should be noted, however, that the BAS has little need for stillborns and normally cannot bear the transportation costs involved, especially from distant parts of the state. Therefore, the bureau will most likely decline to accept the unclaimed stillbirth. If the bureau declines to accept the unclaimed stillbirth, the coroner is notified and is responsible for burial in a manner which complies with R.S. 8:651-662, 9:1551, and 33:1561.1.

C. As there is no requirement that death certificates be issued for fetal deaths where the fetus is less than 20 weeks in gestation or weighs less than 350 grams, burial is not required and a DHHR hospital may dispose of such fetuses as it deems appropriate in the best interest of public health (DHHR's Office of General Counsel Opinion 79-20).

D. Each DHHR hospital and residential facility shall accept this as their policy and procedure on the disposition of bodies unclaimed by relatives or friends, and if the decedent had no known assets or property of sufficient value to defray the expenses of burial, and burial must be at public expense. This material shall be made available to all appropriate staff.

La. Admin. Code tit. 48, § I-705

Promulgated by the Department of Health and Human Resources, Office of the Secretary, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 9:1551, 17:2274, 17:2275, 40:32(5), 8:651-662, 33:1561.1.