Federal Code for Working with Pregnant Women

Adapted from HHS website.


Subpart B - Additional Protections for Pregnant Women, Human Fetuses and Neonates Involved in Research

Source: 66 FR 56778 exit disclaimer icon, Nov. 13, 2001, unless otherwise noted.

 §46.201 To what do these regulations apply?

 (a) Except as provided in paragraph (b) of this section, this subpart applies to all research involving pregnant women, human fetuses, neonates of uncertain viability, or nonviable neonates conducted or supported by the Department of Health and Human Services (DHHS). This includes all research conducted in DHHS facilities by any person and all research conducted in any facility by DHHS employees.

 (b) The exemptions at §46.101(b)(1) through (6) are applicable to this subpart.

 (c) The provisions of §46.101(c) through (i) are applicable to this subpart. Reference to State or local laws in this subpart and in §46.101(f) is intended to include the laws of federally recognized American Indian and Alaska Native Tribal Governments.

 (d) The requirements of this subpart are in addition to those imposed under the other subparts of this part.

 §46.202 Definitions.

The definitions in §46.102 shall be applicable to this subpart as well. In addition, as used in this subpart:

 (a) Dead fetus means a fetus that exhibits neither heartbeat, spontaneous respiratory activity, spontaneous movement of voluntary muscles, nor pulsation of the umbilical cord.

 (b) Delivery means complete separation of the fetus from the woman by expulsion or extraction or any other means.

 (c) Fetus means the product of conception from implantation until delivery.

 (d) Neonate means a newborn.

 (e) Nonviable neonate means a neonate after delivery that, although living, is not viable.

 (f) Pregnancy encompasses the period of time from implantation until delivery. A woman shall be assumed to be pregnant if she exhibits any of the pertinent presumptive signs of pregnancy, such as missed menses, until the results of a pregnancy test are negative or until delivery.

 (g) Secretary means the Secretary of Health and Human Services and any other officer or employee of the Department of Health and Human Services to whom authority has been delegated.

 (h) Viable, as it pertains to the neonate, means being able, after delivery, to survive (given the benefit of available medical therapy) to the point of independently maintaining heartbeat a