[§327-23]  Facilitation of an anatomical
gift from a decedent whose body is under the jurisdiction of the medical
examiner or coroner.  (a)  Upon request of a procurement organization, a
medical examiner or coroner shall release to the procurement organization the
name, contact information, and available medical and social history of a
decedent whose body is under the jurisdiction of the medical examiner or
coroner.  If the decedent's body or body part is medically suitable for
transplantation, therapy, research, or education, the medical examiner or
coroner shall release post-mortem examination results to the procurement
organization.  The procurement organization may make a subsequent disclosure of
the post-mortem examination results or other information received from the
medical examiner or coroner only if relevant to transplantation or therapy.



(b)  The medical examiner or coroner may
conduct a medicolegal examination by reviewing all medical records, laboratory
test results, x-rays, other diagnostic results, and other information that any
person possesses about a donor or prospective donor whose body is under the
jurisdiction of the medical examiner or coroner, which the medical examiner or
coroner determines may be relevant to the investigation.



(c)  A person that has any information
requested by a medical examiner or coroner pursuant to subsection (b) shall
provide that information as expeditiously as possible to allow the medical
examiner or coroner to conduct the medicolegal investigation within a period
compatible with the preservation of body parts for transplantation, therapy,
research, or education.



(d)  If an anatomical gift has been or might be
made of a body part of a decedent whose body is under the jurisdiction of the
medical examiner or coroner and a post-mortem examination is not required, or
the medical examiner or coroner determines that a post-mortem examination is
required but that the recovery of the body part that is the subject of an
anatomical gift will not interfere with the examination, the medical examiner
or coroner and procurement organization shall cooperate in the timely removal
of the body part from the decedent for transplantation, therapy, research, or
education.



(e)  If an anatomical gift of a body part from
the decedent under the jurisdiction of the medical examiner or coroner has been
or might be made, but the medical examiner or coroner initially believes that
the recovery of the body part could interfere with the post-mortem
investigation into the decedent's cause or manner of death, the medical
examiner or coroner shall consult with the procurement organization or
physician or technician designated by the procurement organization about the
proposed recovery.  The procurement organization shall provide the medical examiner
or coroner with all information it has which could relate to the cause or
manner of the decedent's death.  After consultation, the medical examiner or
coroner may allow the recovery.



(f)  Following the consultation under
subsection (e), in the absence of mutually agreed-upon protocols to resolve
conflict between the medical examiner or coroner and the procurement
organization, if the medical examiner or coroner intends to deny recovery of
the body part, the medical examiner or coroner or designee, at the request of
the procurement organization, shall make reasonable efforts to attend the
removal procedure for the body part before making a final determination not to
allow the procurement organization to recover the body part.  During the
removal procedure, the medical examiner or coroner or designee may allow
recovery by the procurement organization to proceed, or, if the medical
examiner or coroner or designee reasonably believes that the body part may be
involved in determining the decedent's cause or manner of death, deny recovery
by the procurement organization.



(g)  If the medical examiner or coroner or
designee denies recovery under subsection (f), the medical examiner or coroner
or designee shall include the reasons in the records of the medical examiner or
coroner; and make those reasons available to the procurement organization upon
request.



(h)  If the medical examiner or coroner or
designee allows recovery of a body part, the procurement organization shall
cooperate with the medical examiner or coroner in any documentation of injuries
and the preservation and collection of evidence prior to and during the
recovery of the body part and, upon request, shall cause the physician or
technician who removes the body part to provide the medical examiner or coroner
with a record describing the condition of the body part, a biopsy, a
photograph, and any other information and observations that would assist in the
post-mortem examination. [L 2008, c 122, pt of §1]