§ 23-18.6.1-23 - Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.
SECTION 23-18.6.1-23
§ 23-18.6.1-23 Facilitation of anatomicalgift from decedent whose body is under jurisdiction of medical examiner. –(a) The medical examiner or his or her designee shall provide the federallydesignated organ procurement organization and other nonprofit federallyregistered eye and tissue banks, in a timely manner, all information necessaryto facilitate organ and tissue donation including, but not limited to, namesand available contact information of individuals whose deaths have beenreported to the medical examiner's office and jurisdiction accepted.
(b) The medical examiner may release and permit the removalof a part from a body within that official's custody, for transplantation ortherapy, if:
(1) The official has received a request for the part from ahospital, physician, surgeon, or procurement organization;
(2) A donation has been authorized in accordance with§§ 23-18.6.1-5 or 23-18.6.1-9;
(3) The official does not know of a refusal or contraryindication by the decedent or objection by a person having authority to act aslisted in § 23-18.6.1-9;
(4) The removal will be by a physician, surgeon, ortechnician; but in the case of eyes, by one of them or by an enucleator;
(5) The removal will not interfere with any autopsy,investigation, procedure, or other additional activity as deemed necessary bythe medical examiner required to arrive at a reasonable cause and manner ofdeath;
(6) The removal will be in accordance with accepted medicalstandards; and
(7) Cosmetic restoration will be done, if appropriate.
(c) The medical examiner, or his or her designee, may permitthe removal of the anatomical gift to occur at the medical examiner's office.
(d) A permanent record of the names of the decedent, theperson making the request, the date and purpose of the request, the partrequested, and the person to whom it was released should be made by thehospital/physician/technician (enucleator) and forwarded to the medicalexaminer for his or her records.
(e) The medical examiner, or his or her designee, shall bepresent during the removal of the anatomical gift if in his or her judgmentsuch attendance would, in the opinion of the medical examiner or his or herdesignee, facilitate a donation that would otherwise be denied.
(f) The medical examiner, or his or her designee, may onlydeny removal of the anatomical gift after explaining in writing or verballywith subsequent written documentation to the federally designated organprocurement organization and other nonprofit federally registered eye andtissue banks, reasons for determining that those tissues or organs may beinvolved in the cause of death.