2012 California Codes
HSC - Health and Safety Code
DIVISION 7 - DEAD BODIES [7000 - 8030]
PART 1 - GENERAL PROVISIONS
CHAPTER 3.7 - Death
ARTICLE 2 - Confirmation of Death
Section 7184.5

  

(a)  In conjunction with entering into any agreement with any coroner or medical examiner for release and removal of organs from bodies within that official’s custody and to further the purposes of Section 27491.45 of the Government Code, a procurement organization shall develop a protocol for organ recovery, as appropriate, that provides sufficient information on the medical and injury status of the deceased to permit release and removal of organs without undue prejudice to that official’s investigation of, or inquiry into, the cause of death.

(b)  The protocol described in subdivision (a) shall be subject to approval by the coroner or medical examiner before release or removal of organs and shall provide for the following:

(1)  Relevant information on the deceased to be given to the coroner or deputy coroner at the time of the initial request for permission to recover internal organs, including, but not limited to:

(A)  Information identifying the deceased.

(B)  Date and time of pronouncement of brain death.

(C)  Name of procurement organizations and coordinator.

(D)  Organs requested.

(E)  Organ donor number and hospital.

(F)  Apparent cause and manner of death.

(G)  A brief description of alleged circumstances surrounding the death to the extent they are known at the time.

(H)  The law enforcement agency and the name of the investigating officer handling the case.

(2)  The following information, to be recorded by the organ procurement coordinator at the time of requesting permission for organ removal:

(A)  The name of the deputy coroner contacted.

(B)  The name of the pathologist contacted by the deputy coroner.

(C)  Whether permission for removal was obtained at the time, including the date and time if permission was obtained.

(D)  The coroner’s case number assigned by the deputy coroner.

(E)  If the request for organ removal is refused, the reason given for the refusal.

(3)  A checklist to be completed prior to recovery of any organ by the procurement organization coordinator with the assistance, if necessary, of a physician attending the deceased, that includes, at a minimum, all of the following:

(A)  medical record review to insure documentation of external injuries, fractures, and internal injuries.

(B)  In cases of suspected child abuse, whether:

(i)  A child abuse consult was obtained.

(ii)  A computerized axial tomographic scan or magnetic resonance image of the head was obtained.

(iii)  A radiological skeletal survey was done.

(iv)  The presence or absence of visible injury to the back of the scalp, ears, nose, and mouth, or retinal hemorrhage has been documented.

(v)  A coagulation screen report was in the deceased’s records.

(C)  A photographic record of visible external injuries.

(D)  Admitting blood sample, if available, and the date and time the sample was drawn.

(4)  A checklist of items to be provided to the coroner’s office when the deceased’s body is released after completion of organ recovery, including, but not limited to, all of the following:

(A)  A copy of the deceased’s medical records.

(B)  Film documenting abnormal findings, if used.

(C)  The information recorded pursuant to the requirements of this subdivision.

(D)  A sample of the deceased’s blood, if taken on admission.

(5)  A form, completed by the physician and surgeon, technician, or team performing the organ recovery procedure and signed by the physician and surgeon, that describes in sufficient detail all of the following:

(A)  Tests used to determine the suitability for transplantation of all organs recovered.

(B)  Documentation of injuries and other abnormalities, if any, noted or occurring during the organ recovery procedure.

(C)  The date and time organ recovery was started.

(D)  Any other information on the state of the deceased’s body or organs that the physician and surgeon, technician, or team believes may assist the coroner in his or her investigation or inquiry.

(c)  The requirements of subdivision (a) shall not apply in any county that does not have a Level II trauma facility, as defined in Section 1798.160 and the regulations adopted pursuant thereto.

(d)  Notwithstanding any other provision of law, a health care provider may release the information described in this section to the procurement organization, the coroner, or the medical examiner.

(e)  For purposes of this section, “organ” or “organs” means internal whole organs, including, but not limited to, the heart, kidneys, the liver, and lungs, but does not include eyes, skin, or other similar tissue.

(Added by Stats. 1996, Ch. 827, Sec. 3. Effective January 1, 1997.)