2006 Louisiana Laws - RS 17:2354.3 — Coroner\'s consent for heart, lungs, liver, soft tissue, or bone removal

§2354.3.  Coroner's consent for heart, lungs, liver, soft tissue, or bone removal

A.  A physician or surgeon may remove the heart, lungs, liver, soft tissue, or bone of a decedent immediately following certification of death provided:

(1)  There is written authorization by a person empowered to execute an anatomical gift as provided in R.S. 17:2352(B); or

(2)  There is authorization by the parish coroner; and

(3)  The heart, lungs, liver, soft tissue, or bone will be donated to an authorized donee of gifts of bodies or parts thereof as defined in R.S. 17:2353 for the purpose of advancing medical science or for the replacement of the heart, lungs, liver, soft tissue, or bone in living persons.

B.(1)  Neither the coroner, physician, surgeon, technician, hospital, bank or storage facility, nor the donee, who acts in good faith to comply with this Section shall be liable in any civil action to a claimant who alleges that his authorization for use of the heart, lungs, liver, soft tissue, or bone was required.

(2)  The provisions of this Subsection shall not be construed as limiting or restricting the liability of a coroner, physician, surgeon, technician, hospital, bank or other storage facility, or the donee as provided by R.S. 17:2357(C).

(3)  The parish coroner, deputy coroner, or any legal representative or agent of the coroner acting pursuant to the provisions of this Section shall not authorize the removal of the heart, lungs, liver, soft tissue, or bone of a decedent where the coroner, deputy coroner, or coroner's legal representative or agent derives or may derive any direct or indirect financial benefit relative to the removal, donation, or use of the heart, lungs, liver, soft tissue, or bone.

(4)  No coroner, deputy coroner, or any legal representative or agent of the coroner shall authorize the removal of kidneys, heart, lungs, liver, soft tissue or bone where the coroner or deputy coroner derives an economic benefit in such a transaction.

Acts 1985, No. 311, §1; Acts 1986, No. 551, §1; Acts 1992, No. 642, §1, eff. Jan. 1, 1993.