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

(b)  The medical examiner or coroner mayconduct a medicolegal examination by reviewing all medical records, laboratorytest results, x-rays, other diagnostic results, and other information that anyperson possesses about a donor or prospective donor whose body is under thejurisdiction of the medical examiner or coroner, which the medical examiner orcoroner determines may be relevant to the investigation.

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

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

(e)  If an anatomical gift of a body part fromthe decedent under the jurisdiction of the medical examiner or coroner has beenor might be made, but the medical examiner or coroner initially believes thatthe recovery of the body part could interfere with the post-morteminvestigation into the decedent's cause or manner of death, the medicalexaminer or coroner shall consult with the procurement organization orphysician or technician designated by the procurement organization about theproposed recovery.  The procurement organization shall provide the medical examineror coroner with all information it has which could relate to the cause ormanner of the decedent's death.  After consultation, the medical examiner orcoroner may allow the recovery.

(f)  Following the consultation undersubsection (e), in the absence of mutually agreed-upon protocols to resolveconflict between the medical examiner or coroner and the procurementorganization, if the medical examiner or coroner intends to deny recovery ofthe body part, the medical examiner or coroner or designee, at the request ofthe procurement organization, shall make reasonable efforts to attend theremoval procedure for the body part before making a final determination not toallow the procurement organization to recover the body part.  During theremoval procedure, the medical examiner or coroner or designee may allowrecovery by the procurement organization to proceed, or, if the medicalexaminer or coroner or designee reasonably believes that the body part may beinvolved in determining the decedent's cause or manner of death, deny recoveryby the procurement organization.

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

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