2006 Louisiana Laws - RS 17:2354.1 — Coroner\'s consent for eye enucleation

§2354.1.  Coroner's consent for eye enucleation

A.  A physician, technician, or other authorized person trained in eye enucleation may remove the eyes 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 eyes will be donated to an authorized donee of gifts of bodies or parts thereof as defined in R.S. 17:2353 for the purposes of advancing medical science or for the replacement or rehabilitation of eyes 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 eyes 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 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 eyes 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 eyes.

Added by Acts 1977, No. 724, §2.  Amended by Acts 1978, No. 138, §1; Acts 1992, No. 642, §1, eff. Jan. 1, 1993.