26-28-123 - Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.
26-28-123. Facilitation of anatomical gift from decedent whose body is underjurisdiction of medical examiner.
(1) Upon request of a procurement organization, a medical examiner shall release to theprocurement organization the name, contact information, and available medical and social historyof a decedent whose body is under the jurisdiction of the medical examiner. If the decedent'sbody or part is medically suitable for transplantation, therapy, research, or education, the medicalexaminer shall release postmortem examination results to the procurement organization. Theprocurement organization may make a subsequent disclosure of the postmortem examinationresults or other information received from the medical examiner only if relevant totransplantation or therapy.
(2) The medical examiner may conduct a medicolegal examination by reviewing allmedical records, laboratory test results, x-rays, other diagnostic results, and other informationthat any person possesses about a donor or prospective donor whose body is under thejurisdiction of the medical examiner which the medical examiner determines may be relevant tothe investigation.
(3) A person that has any information requested by a medical examiner pursuant toSubsection (2) shall provide that information as expeditiously as possible to allow the medicalexaminer to conduct the medicolegal investigation within a period compatible with thepreservation of parts for the purpose of transplantation, therapy, research, or education.
(4) If an anatomical gift has been or might be made of a part of a decedent whose body isunder the jurisdiction of the medical examiner and a postmortem examination is not required, orthe medical examiner determines that a postmortem examination is required but that the recoveryof the part that is the subject of an anatomical gift will not interfere with the examination, themedical examiner and procurement organization shall cooperate in the timely removal of the partfrom the decedent for the purpose of transplantation, therapy, research, or education.
(5) If an anatomical gift of a part from the decedent under the jurisdiction of the medicalexaminer has been or might be made, but the medical examiner initially believes that therecovery of the part could interfere with the postmortem investigation into the decedent's cause ormanner of death, the medical examiner shall consult with the procurement organization orphysician or technician designated by the procurement organization about the proposed recovery. After consultation, the medical examiner may allow the recovery.
(6) Following the consultation under Subsection (5), in the absence of mutually agreedupon protocols to resolve conflict between the medical examiner and the procurementorganization, if the medical examiner intends to deny recovery, the medical examiner ordesignee, at the request of the procurement organization, may attend the removal procedure forthe part before making a final determination not to allow the procurement organization to recoverthe part. During the removal procedure, the medical examiner or designee may allow recoveryby the procurement organization to proceed, or, if the medical examiner or designee reasonablybelieves that the part may be involved in determining the decedent's cause or manner of death,deny recovery by the procurement organization.
(7) If the medical examiner or designee denies recovery under Subsection (6), themedical examiner or designee shall:
(a) explain in a record the specific reasons for not allowing recovery of the part;
(b) include the specific reasons in the records of the medical examiner; and
(c) provide a record with the specific reasons to the procurement organization.
(8) If the medical examiner or designee allows recovery of a part under Subsection (4),(5), or (6), the procurement organization, upon request, shall cause the physician or technicianwho removes the part to provide the medical examiner with a record describing the condition ofthe part, a biopsy, a photograph, and any other information and observations that would assist inthe postmortem examination.
(9) If a medical examiner or designee is required to be present at a removal procedureunder Subsection (6), upon request the procurement organization requesting the recovery of thepart shall reimburse the medical examiner or designee for the additional costs incurred incomplying with Subsection (6).
Enacted by Chapter 60, 2007 General Session