32.1-291.23 - Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.
§ 32.1-291.23. Facilitation of anatomical gift from decedent whose body isunder jurisdiction of medical examiner.
A. Upon request of a procurement organization, a medical examiner shallrelease to the procurement organization the name, contact information, andavailable medical and social history of a decedent whose body is under thejurisdiction of the medical examiner. If the decedent's body or part ismedically suitable for transplantation, therapy, research, or education, themedical examiner shall release postmortem examination results to theprocurement organization. The procurement organization may make a subsequentdisclosure of the postmortem examination results or other informationreceived from the medical examiner only if relevant to transplantation,therapy, research or education.
B. The medical examiner may conduct a medicolegal investigation by reviewingall medical records, laboratory test results, x-rays, other diagnosticresults, and other information that any person possesses about a donor orprospective donor whose body is under the jurisdiction of the medicalexaminer that the medical examiner determines may be relevant to theinvestigation.
C. A person that has any information requested by a medical examiner pursuantto subsection B shall provide that information as expeditiously as possibleto allow the medical examiner to conduct the medicolegal investigation withina period compatible with the preservation of parts for the purpose oftransplantation, therapy, research, or education.
D. If an anatomical gift has been or might be made of a part of a decedentwhose body is under the jurisdiction of the medical examiner and a postmortemexamination is not required, or the medical examiner determines that apostmortem examination is required but that the recovery of the part that isthe subject of an anatomical gift will not interfere with the examination,the medical examiner and procurement organization shall cooperate in thetimely removal of the part from the decedent for the purpose oftransplantation, therapy, research, or education.
E. The medical examiner and procurement organizations shall enter into anagreement setting forth protocols and procedures to govern relations betweenthe parties when an anatomical gift of a part from a decedent under thejurisdiction of the medical examiner has been or might be made, but themedical examiner believes that the recovery of the part could interfere withthe postmortem investigation into the decedent's cause or manner of death.Decisions regarding the recovery of organs, tissue and eyes from such adecedent shall be made in accordance with the agreement. In the event thatthe medical examiner denies recovery of an anatomical gift, the procurementorganization may request the Chief Medical Examiner to reconsider the denialand to permit the recovery to proceed. The parties shall evaluate theeffectiveness of the protocols and procedures at regular intervals but noless frequently than every two years.
F. If the medical examiner or designee allows recovery of a part undersubsection D or E, the procurement organization, upon request, shall causethe physician or technician who removes the part to provide the medicalexaminer with a record describing the condition of the part, a biopsy, aphotograph, and any other information and observations that would assist inthe postmortem examination.
G. If a medical examiner or designee is required to be present at a removalprocedure under subsection E, upon request the procurement organizationrequesting the recovery of the part shall reimburse the medical examiner ordesignee for the additional costs incurred in complying with subsection E.
(2007, cc. 92, 907.)