Section 291-A:5 Authorization by Medical Examiner or Funeral Director.
I. The medical examiner shall release and permit the removal of a part from a body within that official's custody, for transplantation or therapy, if:
(a) The official has received a request for the part from a hospital, physician, surgeon, or procurement organization;
(b) The official 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 RSA 291-A:4, I of their option to make, or object to making, an anatomical gift;
(c) The official does not know of a refusal or contrary indication by the decedent or objection by a person having priority to act as listed in RSA 291-A:4, I;
(d) The removal will be by a physician, or surgeon, or their designee; but in the case of eyes, by one of them or by an eye procurement technician;
(e) The removal will not interfere with any autopsy or investigation;
(f) The removal will be in accordance with accepted medical standards; and
(g) Cosmetic restoration will be done, if appropriate.
II. If the body is not within the custody of the medical examiner, the funeral director shall release and permit the removal of any part from a body in the funeral director's custody, pursuant to RSA 291-A:4, I(h), for transplantation or therapy if the requirements of paragraph I are met.
III. A medical examiner or funeral director releasing and permitting the removal of a part shall maintain a permanent record of the name 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.
Source. 1997, 336:1, eff. Jan. 1, 1998.