Text: HF02399 Text: HF02401 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 142C.4A AUTHORITY OF MEDICAL 1 2 EXAMINER – RELEASE AND REMOVAL OF PART FOR MAKING OF 1 3 ANATOMICAL GIFT. 1 4 1. A medical examiner may permit the removal of a part 1 5 from a body in the custody of the medical examiner and may 1 6 release the part for any purpose authorized pursuant to 1 7 section 142C.5 if the body of the decedent cannot be 1 8 identified or if the next of kin of the decedent cannot be 1 9 located, and if all of the following conditions are met: 1 10 a. The medical examiner has received a request for the 1 11 part from a hospital, physician, organ procurement 1 12 organization, or bank or storage organization. 1 13 b. Given the useful life of the specific part, the medical 1 14 examiner is satisfied that a reasonable effort has been made 1 15 by the organ procurement organization or bank or storage 1 16 organization to locate and examine the decedent's medical 1 17 records and to inform a person specified in section 142C.4 of 1 18 the option to make or object to the making of an anatomical 1 19 gift. 1 20 c. The medical examiner does not know of a refusal or 1 21 contrary indication by the decedent or of an objection by a 1 22 person having priority to act pursuant to section 142C.4 1 23 regarding the making of an anatomical gift. 1 24 d. The medical examiner does not know that the decedent, 1 25 at the time of death, was a member of a religion, church, 1 26 sect, or denomination which relies solely upon prayer for the 1 27 healing of disease or which has religious tenets that would be 1 28 violated by the disposition of the decedent's body or part for 1 29 any of the purposes provided pursuant to section 142C.5. 1 30 e. Removal of a part will be performed by a physician, 1 31 technician, or enucleator. 1 32 f. Removal of a part will not significantly alter or 1 33 compromise the results of any autopsy or investigation. 1 34 g. Removal of a part will be in accordance with accepted 1 35 medical standards. 2 1 h. Cosmetic restoration will be performed, if appropriate. 2 2 i. The person's death is not a death which affects the 2 3 public interest as defined in section 331.802, or if the death 2 4 is a death which affects the public interest, any 2 5 investigation relating to the decedent's death has been 2 6 completed. 2 7 2. The medical examiner releasing and permitting the 2 8 removal of a part shall maintain a permanent record of all of 2 9 the following: 2 10 a. The name of the decedent, if available. 2 11 b. The date and time of the release of the body or part 2 12 and the name of the person to whom the body or part was 2 13 released. 2 14 Sec. 2. Section 142C.7, Code Supplement 1995, is amended 2 15 to read as follows: 2 16 142C.7 CONFIDENTIAL INFORMATION. 2 17 A hospital, licensed or certified health care professional, 2 18 pursuant to chapter 148, 148C, 150A, or 152, or medical 2 19 examiner may release patient information to an organ 2 20 procurement organization, or bank or storage organization as 2 21 part of a referral orevaluationretrospective review of the 2 22 patient as a potential donor. Any information regarding a 2 23 patient, including the patient's identity, however, 2 24 constitutes confidential medical information and under any 2 25 other circumstances is prohibited from disclosure without the 2 26 written consent of the patient or the patient's legal 2 27 representative. 2 28 EXPLANATION 2 29 This bill authorizes a medical examiner to release and 2 30 permit the removal of a part from a body in the custody of the 2 31 medical examiner for the purposes of the making of an 2 32 anatomical gift if the decedent cannot be identified or if the 2 33 next of kin of the decedent cannot be located and if several 2 34 other conditions are met, including that a request has been 2 35 made for the part, efforts have been made to inform a person 3 1 who has authority to make an anatomical gift, no refusal or 3 2 contrary indication has been made by the decedent or a person 3 3 with authority to refuse the making of an anatomical gift, no 3 4 religious affiliation or tenet to which the decedent 3 5 subscribed precludes the making of the anatomical gift, the 3 6 removal will be made under specified conditions, and the death 3 7 is not a death which affects the public interest or if it is a 3 8 death which affects the public interest, any related 3 9 investigation has been completed. If the medical examiner 3 10 releases and permits removal of a part the medical examiner is 3 11 to maintain a permanent record of the name of the decedent, if 3 12 available, the date and time of the release and the person to 3 13 whom the release was made, and the parts which were removed. 3 14 The bill also amends language relating to release of 3 15 information to organ procurement organizations or bank or 3 16 storage organizations to provide for release as part of a 3 17 retrospective review of a patient as a potential donor. 3 18 LSB 3656HV 76 3 19 pf/sc/14
Text: HF02399 Text: HF02401 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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