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Senate Amendment 5220

Amendment Text

PAG LIN
  1  1    Amend Senate File 2170 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  142C.4A  AUTHORITY OF
  1  5 MEDICAL EXAMINER – RELEASE AND REMOVAL OF PART FOR
  1  6 MAKING OF ANATOMICAL GIFT.
  1  7    1.  A medical examiner may permit the removal of a
  1  8 part from a body in the custody of the medical
  1  9 examiner and may release the part for any purpose
  1 10 authorized pursuant to section 142C.5 if the body of
  1 11 the decedent cannot be identified or if the next of
  1 12 kin of the decedent cannot be located, and if all of
  1 13 the following conditions are met:
  1 14    a.  The medical examiner has received a request for
  1 15 the part from a hospital, physician, organ procurement
  1 16 organization, or bank or storage organization.
  1 17    b.  Given the useful life of the specific part, the
  1 18 medical examiner is satisfied that a reasonable effort
  1 19 has been made by the organ procurement organization or
  1 20 bank or storage organization to locate and examine the
  1 21 decedent's medical records and to inform a person
  1 22 specified in section 142C.4 of the option to make or
  1 23 object to the making of an anatomical gift.
  1 24    c.  The medical examiner does not know of a refusal
  1 25 or contrary indication by the decedent or of an
  1 26 objection by a person having priority to act pursuant
  1 27 to section 142C.4 regarding the making of an
  1 28 anatomical gift.
  1 29    d.  The medical examiner does not know that the
  1 30 decedent, at the time of death, was a member of a
  1 31 religion, church, sect, or denomination which relies
  1 32 solely upon prayer for the healing of disease or which
  1 33 has religious tenets that would be violated by the
  1 34 disposition of the decedent's body or part for any of
  1 35 the purposes provided pursuant to section 142C.5.
  1 36    e.  Removal of a part will be performed by a
  1 37 physician, technician, or enucleator.
  1 38    f.  Removal of a part will not significantly alter
  1 39 or compromise the results of any autopsy or
  1 40 investigation.
  1 41    g.  Removal of a part will be in accordance with
  1 42 accepted medical standards.
  1 43    h.  Cosmetic restoration will be performed, if
  1 44 appropriate.
  1 45    i.  The person's death is not a death which affects
  1 46 the public interest as defined in section 331.802, or
  1 47 if the death is a death which affects the public
  1 48 interest, any investigation relating to the decedent's
  1 49 death has been completed.
  1 50    2.  The medical examiner releasing and permitting
  2  1 the removal of a part shall maintain a permanent
  2  2 record of all of the following:
  2  3    a.  The name of the decedent, if available.
  2  4    b.  The date and time of the release of the body or
  2  5 part and the name of the person to whom the body or
  2  6 part was released.
  2  7    Sec. 2.  Section 142C.7, Code Supplement 1995, is
  2  8 amended to read as follows:
  2  9    142C.7  CONFIDENTIAL INFORMATION.
  2 10    A hospital, licensed or certified health care
  2 11 professional, pursuant to chapter 148, 148C, 150A, or
  2 12 152, or medical examiner may release patient
  2 13 information to an organ procurement organization, or
  2 14 bank or storage organization as part of a referral or
  2 15 evaluation retrospective review of the patient as a
  2 16 potential donor.  Any information regarding a patient,
  2 17 including the patient's identity, however, constitutes
  2 18 confidential medical information and under any other
  2 19 circumstances is prohibited from disclosure without
  2 20 the written consent of the patient or the patient's
  2 21 legal representative."
  2 22    #2.  Title page, line 1, by inserting after the
  2 23 words "relating to" the following:  "anatomical gifts
  2 24 including the use of confidential information and".  
  2 25 
  2 26 
  2 27                              
  2 28 NANCY BOETTGER
  2 29 SF 2170.501 76
  2 30 pf/jw
     

Text: S05219                            Text: S05221
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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