§ 23-18.6.1-23 Facilitation of anatomical gift from decedent whose body is under jurisdiction of 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.
(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) A donation has been authorized in accordance with §§ 23-18.6.1-5 or 23-18.6.1-9;
(3) The official does not know of a refusal or contrary indication by the decedent or objection by a person having authority to act as listed in § 23-18.6.1-9;
(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.
(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.
(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.
(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.
(P.L. 2007, ch. 476, § 2.)