Chapter 542

2006 -- S 2616 AS AMENDED

Enacted 07/10/06

 

A N  A C T

RELATING TO HEALTH AND SAFETY -- UNIFORM ANATOMICAL GIFT ACT

          

     Introduced By: Senators Blais, and Breene

     Date Introduced: February 09, 2006

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 23-18.6-4 of the General Laws in Chapter 23-18.6 entitled

"Uniform Anatomical Gift Act" is hereby amended to read as follows:

 

     23-18.6-4. Authorization by medical examiner. Referral of death and authorization

by medical examiner.(a) The medical examiner or his or her designee shall provide the

federally designated organ procurement organization and other nonprofit federally registered eye

and tissue banks, in a timely manner, all information necessary to facilitate organ and tissue

donation including, but not limited to, names and available contact information of individuals

whose deaths have been reported to the medical examiner's office and jurisdiction accepted.

      (a) (b) The medical examiner may release and permit the removal of a part from a body

within that official's custody, for transplantation or therapy, if:

      (1) The official has received a request for the part from a hospital, physician, surgeon, or

procurement organization;

      (2) The hospital staff "transplant team" has made a reasonable effort, taking into account

the useful life of the part, to locate and examine the decedent's medical records and inform

persons listed in section 23-18.6-3(a) of their option to make, or object to making, an anatomical

gift; A donation has been authorized in accordance with section 23-18.6-2 or 23-18.6-3;

      (3) The official does not know of a refusal or contrary indication by the decedent or

objection by a person having priority authority to act as listed in section 23-18.6-3(a);

      (4) The removal will be by a physician, surgeon, or technician; but in the case of eyes,

by one of them or by an enucleator;

      (5) The removal will not interfere with any autopsy, investigation, procedure, or other

additional activity as deemed necessary by the medical examiner required to arrive at a

reasonable cause and manner of death;

      (6) The removal will be in accordance with accepted medical standards; and

      (7) Cosmetic restoration will be done, if appropriate.

     (c) The medical examiner, or his or her designee, may permit the removal of the

anatomical gift to occur at the medical examiner's office.

      (b) (d) A permanent record of the names of the decedent, the person making the request,

the date and purpose of the request, the part requested, and the person to whom it was released

should be made by the hospital/physician/technician (enucleator) and forwarded to the medical

examiner for his or her records.

      (c) (e) The medical examiner, or his or her designee, shall be present during the removal

of the anatomical gift if in his or her judgment such attendance would, in the opinion of the

medical examiner or his or her designee, facilitate a donation that would otherwise be denied.

      (d) (f) The medical examiner, or his or her designee, may only deny removal of the

anatomical gift after explaining in writing or verbally with subsequent written documentation to

the federally designated organ procurement organization and other nonprofit federally registered

eye and tissue banks, reasons for determining that those tissues or organs may be involved in the

cause of death.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00260/2

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