Text: HSB00539 Text: HSB00541 Text: HSB00500 - HSB00599 Text: HSB 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 &endash; 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.
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 EXPLANATION
2 15 This bill authorizes a medical examiner to release and
2 16 permit the removal of a part from a body in the custody of the
2 17 medical examiner for the purposes of the making of an
2 18 anatomical gift if the decedent cannot be identified or if the
2 19 next of kin of the decedent cannot be located and if several
2 20 other conditions are met, including that a request has been
2 21 made for the part, efforts have been made to inform a person
2 22 who has authority to make an anatomical gift, no refusal or
2 23 contrary indication has been made by the decedent or a person
2 24 with authority to refuse the making of an anatomical gift, no
2 25 religious affiliation or tenet to which the decedent
2 26 subscribed precludes the making of the anatomical gift, the
2 27 removal will be made under specified conditions, and the death
2 28 is not a death which affects the public interest or if it is a
2 29 death which affects the public interest, any related
2 30 investigation has been completed. If the medical examiner
2 31 releases and permits removal of a part the medical examiner is
2 32 to maintain a permanent record of the name of the decedent,
2 33 the date and time of the release and the person to whom the
2 34 release was made, and the parts which were removed.
2 35 LSB 3656HC 76
3 1 pf/sc/14
Text: HSB00539 Text: HSB00541 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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