2013 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.1953 Facilitation of anatomical gift from decedent whose body is under jurisdiction of the medical examiner or coroner.
Download as PDF
311.1953 Facilitation of anatomical gift from decedent whose body is under
jurisdiction of the medical examiner or coroner.
(1)
(2)
(3)
(4)
(5)
(6)
Upon request of a procurement organization, a medical examiner or coroner
shall release to the procurement organization the name, contact information,
and available medical and social history of a decedent whose body is under the
jurisdiction of the medical examiner or coroner. If the decedent's body or part is
medically suitable for transplantation or therapy, the medical examiner or
coroner may release relevant postmortem examination results to the
procurement organization. The procurement organization may make a
subsequent disclosure of the postmortem examination results or other
information received from the medical examiner or coroner only if relevant to
transplantation or therapy.
The medical examiner or coroner may conduct a medicolegal investigation by
reviewing all medical records, laboratory test results, X-rays, other diagnostic
results, and other information that any person possesses about a donor or
prospective donor whose body is under the jurisdiction of the medical examiner
or coroner that the medical examiner or coroner determines may be relevant to
the investigation.
A person that has any information requested by a medical examiner or coroner
pursuant to subsection (2) of this section shall provide that information as
expeditiously as possible to allow the medical examiner or coroner to conduct
the medicolegal investigation within a period compatible with the preservation
of parts for the purpose of transplantation or therapy.
If an anatomical gift has been or might be made of a part of a decedent whose
body is under the jurisdiction of the medical examiner or coroner and a
postmortem examination is not required, or the medical examiner or coroner
determines that a postmortem examination is required but that the recovery of
the part that is the subject of an anatomical gift will not interfere with the
examination, the medical examiner or coroner and the procurement
organization shall cooperate in the timely removal of the part from the decedent
for the purpose of transplantation or therapy.
The medical examiner and procurement organizations shall enter into an
agreement setting forth protocols and procedures to govern relations between
the parties when an anatomical gift of a part from a decedent under the
jurisdiction of the medical examiner has been or might be made, but the
medical examiner believes that the recovery of the part could interfere with the
postmortem investigation into the decedent's cause or manner of death.
Decisions regarding the recovery of organs, tissue, and eyes from such a
decedent shall be made in accordance with the agreement. In the event that
the medical examiner or coroner denies recovery of an anatomical gift, the
procurement organization may request the chief medical examiner to
reconsider the denial and to permit the recovery to proceed. The parties shall
evaluate the effectiveness of the protocols and procedures at regular intervals.
If the medical examiner or coroner or designee allows recovery of a part under
subsection (4) or (5) of this section, the procurement organization, upon
request, shall cause the physician or technician who removes the part to
provide the medical examiner or coroner with a record describing the condition
(7)
of the part, a biopsy, a photograph, and any other information and observations
that would assist in the postmortem examination.
If the chief medical examiner or coroner determines that a medical examiner or
designee is required to be present at a removal procedure under subsection (5)
of this section, upon request the procurement organization requesting the
recovery of the part shall reimburse the medical examiner, or coroner, or
designee for the additional cost incurred in complying with subsection (5) of
this section.
Effective:July 15, 2010
History: Created 2010 Ky. Acts ch. 161, sec. 22, effective July 15, 2010.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.