142C.4A COOPERATION BETWEEN MEDICAL EXAMINER AND
ORGAN PROCUREMENT ORGANIZATION -- FACILITATION OF ANATOMICAL GIFT
FROM DECEDENT WHOSE BODY IS UNDER JURISDICTION OF MEDICAL EXAMINER.
1. A medical examiner shall cooperate with procurement
organizations to maximize the opportunity to recover organs for the
purpose of transplantation when the recovery of organs does not
interfere with a death investigation.
2. If a medical examiner receives notice from a procurement
organization that an organ might be or was made available with
respect to a decedent whose body is under the jurisdiction of the
medical examiner and a postmortem examination will be performed,
unless the medical examiner denies recovery in accordance with this
section, the medical examiner or designee shall conduct a postmortem
examination of the body or the organ in a manner and within a period
compatible with its preservation for the purposes of the gift. Every
reasonable effort shall be made to accomplish the mutual goals of
organ donation and a thorough death investigation.
3. An organ shall not be removed from the body of a decedent
under the jurisdiction of a medical examiner for transplantation
unless the organ is the subject of an anatomical gift. This
subsection does not preclude a medical examiner from performing a
medicolegal investigation pursuant to subsection 5 upon the body or
organs of a decedent under the jurisdiction of the medical examiner.
4. Upon request of an organ procurement organization, a medical
examiner shall release to the organ procurement organization the name
and contact information of a decedent whose body is under the
jurisdiction of the medical examiner. If the decedent's organs are
medically suitable for transplantation, the pathologist or medical
examiner shall release to the organ procurement organization the
postmortem examination results, limited to cause and manner of death
and any evidence of infection or other disease process, which might
preclude safe transplantation of recovered organs. The organ
procurement organization may make a subsequent disclosure of the
postmortem examination results only if relevant to transplantation.
5. The medical examiner 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, which the medical examiner
determines may be relevant to the investigation.
6. A person who has any information requested by a medical
examiner pursuant to subsection 5 shall provide that information as
expeditiously as possible to allow the medical examiner to conduct
the medicolegal investigation within a period compatible with the
preservation of organs for the purpose of transplantation.
7. If an anatomical gift has been or might be made of an organ of
a decedent whose body is under the jurisdiction of the medical
examiner and a postmortem examination is not required, or the medical
examiner determines that a postmortem examination is required but
that the recovery of the organ that is the subject of an anatomical
gift will not interfere with the examination, the medical examiner
and organ procurement organization shall cooperate in the timely
removal of the organ from the decedent for the purpose of
transplantation.
8. a. If an anatomical gift of an organ from a decedent under
the jurisdiction of the medical examiner has been or might be made,
but the pathologist or medical examiner initially believes that the
recovery of the organ could interfere with the postmortem
investigation into the decedent's cause or manner of death, the
pathologist or medical examiner shall consult with the organ
procurement organization or physician or technician designated by the
organ procurement organization about the proposed recovery.
b. Ancillary clinical tests such as a magnetic resonance
imaging (MRI), a computed tomography (CT) scan, or skeletal survey
may be required by the pathologist prior to determination of
suitability of organ procurement. These tests shall be performed and
interpreted by the appropriate physician at the pathologist's
request, and reported in a timely fashion. All expenses for such
tests shall be the responsibility of the organ procurement
organization regardless of outcome.
c. After consultation pursuant to paragraph "a" and any
preliminary investigation pursuant to paragraph "b", the
pathologist or medical examiner may allow recovery, depending on the
nature of the case and the availability of a pathologist to view the
body prior to recovery.
9. If the manner of death may be homicide or has the potential
for litigation, the organ recovery shall be approved by the forensic
pathologist, and the forensic pathologist may examine the body prior
to organ recovery and document by diagrams and photographs all
visible injuries.
10. a. If the medical examiner or designee allows recovery of
an organ under subsection 7, 8, or 9, the organ procurement
organization, upon request, shall cause the physician or technician
who removes the organ to provide the medical examiner with a record
describing the condition of the organ, a biopsy, a photograph, and
any other information and observations that would assist in the
postmortem examination.
b. Arrangements for the examination of bodies of such
decedents shall be coordinated between the organ procurement
organization and the state medical examiner.
c. If applicable, and whenever possible, the forensic
pathologist who examined the decedent's body prior to recovery of the
organ shall perform the autopsy. If the forensic pathologist is
unable to accommodate examination of the body due to scheduling or
staffing, the request for organ donation may be denied.
11. If a medical examiner or designee is required to be present
at a removal procedure under subsection 9, upon request, the organ
procurement organization requesting the recovery of the organ shall
reimburse the medical examiner or designee for the additional costs
incurred in complying with subsection 9.
12. A physician or technician who removes an organ at the
direction of the organ procurement organization may be called to
testify about findings from the surgical recovery of organs at no
cost to taxpayers if the decedent is under the jurisdiction of the
medical examiner.
13. a. The medical examiner or pathologist with jurisdiction
over the body of a decedent has discretion to grant or deny
permission for organ or tissue recovery.
b. If the recovery of organs or tissues may hinder the
determination of cause or manner of death or if evidence may be
destroyed by the recovery, permission may be denied.
c. The medical examiner or a pathologist performing state
autopsies shall work closely with procurement organizations in an
effort to balance the needs of the public and the decedent's next of
kin.
142C.4A COOPERATION BETWEEN MEDICAL EXAMINER AND
ORGAN PROCUREMENT ORGANIZATION -- FACILITATION OF ANATOMICAL GIFT
FROM DECEDENT WHOSE BODY IS UNDER JURISDICTION OF MEDICAL EXAMINER.
1. A medical examiner shall cooperate with procurement
organizations to maximize the opportunity to recover organs for the
purpose of transplantation when the recovery of organs does not
interfere with a death investigation.
2. If a medical examiner receives notice from a procurement
organization that an organ might be or was made available with
respect to a decedent whose body is under the jurisdiction of the
medical examiner and a postmortem examination will be performed,
unless the medical examiner denies recovery in accordance with this
section, the medical examiner or designee shall conduct a postmortem
examination of the body or the organ in a manner and within a period
compatible with its preservation for the purposes of the gift. Every
reasonable effort shall be made to accomplish the mutual goals of
organ donation and a thorough death investigation.
3. An organ shall not be removed from the body of a decedent
under the jurisdiction of a medical examiner for transplantation
unless the organ is the subject of an anatomical gift. This
subsection does not preclude a medical examiner from performing a
medicolegal investigation pursuant to subsection 5 upon the body or
organs of a decedent under the jurisdiction of the medical examiner.
4. Upon request of an organ procurement organization, a medical
examiner shall release to the organ procurement organization the name
and contact information of a decedent whose body is under the
jurisdiction of the medical examiner. If the decedent's organs are
medically suitable for transplantation, the pathologist or medical
examiner shall release to the organ procurement organization the
postmortem examination results, limited to cause and manner of death
and any evidence of infection or other disease process, which might
preclude safe transplantation of recovered organs. The organ
procurement organization may make a subsequent disclosure of the
postmortem examination results only if relevant to transplantation.
5. The medical examiner 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, which the medical examiner
determines may be relevant to the investigation.
6. A person who has any information requested by a medical
examiner pursuant to subsection 5 shall provide that information as
expeditiously as possible to allow the medical examiner to conduct
the medicolegal investigation within a period compatible with the
preservation of organs for the purpose of transplantation.
7. If an anatomical gift has been or might be made of an organ of
a decedent whose body is under the jurisdiction of the medical
examiner and a postmortem examination is not required, or the medical
examiner determines that a postmortem examination is required but
that the recovery of the organ that is the subject of an anatomical
gift will not interfere with the examination, the medical examiner
and organ procurement organization shall cooperate in the timely
removal of the organ from the decedent for the purpose of
transplantation.
8. a. If an anatomical gift of an organ from a decedent under
the jurisdiction of the medical examiner has been or might be made,
but the pathologist or medical examiner initially believes that the
recovery of the organ could interfere with the postmortem
investigation into the decedent's cause or manner of death, the
pathologist or medical examiner shall consult with the organ
procurement organization or physician or technician designated by the
organ procurement organization about the proposed recovery.
b. Ancillary clinical tests such as a magnetic resonance
imaging (MRI), a computed tomography (CT) scan, or skeletal survey
may be required by the pathologist prior to determination of
suitability of organ procurement. These tests shall be performed and
interpreted by the appropriate physician at the pathologist's
request, and reported in a timely fashion. All expenses for such
tests shall be the responsibility of the organ procurement
organization regardless of outcome.
c. After consultation pursuant to paragraph "a" and any
preliminary investigation pursuant to paragraph "b", the
pathologist or medical examiner may allow recovery, depending on the
nature of the case and the availability of a pathologist to view the
body prior to recovery.
9. If the manner of death may be homicide or has the potential
for litigation, the organ recovery shall be approved by the forensic
pathologist, and the forensic pathologist may examine the body prior
to organ recovery and document by diagrams and photographs all
visible injuries.
10. a. If the medical examiner or designee allows recovery of
an organ under subsection 7, 8, or 9, the organ procurement
organization, upon request, shall cause the physician or technician
who removes the organ to provide the medical examiner with a record
describing the condition of the organ, a biopsy, a photograph, and
any other information and observations that would assist in the
postmortem examination.
b. Arrangements for the examination of bodies of such
decedents shall be coordinated between the organ procurement
organization and the state medical examiner.
c. If applicable, and whenever possible, the forensic
pathologist who examined the decedent's body prior to recovery of the
organ shall perform the autopsy. If the forensic pathologist is
unable to accommodate examination of the body due to scheduling or
staffing, the request for organ donation may be denied.
11. If a medical examiner or designee is required to be present
at a removal procedure under subsection 9, upon request, the organ
procurement organization requesting the recovery of the organ shall
reimburse the medical examiner or designee for the additional costs
incurred in complying with subsection 9.
12. A physician or technician who removes an organ at the
direction of the organ procurement organization may be called to
testify about findings from the surgical recovery of organs at no
cost to taxpayers if the decedent is under the jurisdiction of the
medical examiner.
13. a. The medical examiner or pathologist with jurisdiction
over the body of a decedent has discretion to grant or deny
permission for organ or tissue recovery.
b. If the recovery of organs or tissues may hinder the
determination of cause or manner of death or if evidence may be
destroyed by the recovery, permission may be denied.
c. The medical examiner or a pathologist performing state
autopsies shall work closely with procurement organizations in an
effort to balance the needs of the public and the decedent's next of
kin.
142C.4A COOPERATION BETWEEN MEDICAL EXAMINER AND
ORGAN PROCUREMENT ORGANIZATION -- FACILITATION OF ANATOMICAL GIFT
FROM DECEDENT WHOSE BODY IS UNDER JURISDICTION OF MEDICAL EXAMINER.
1. A medical examiner shall cooperate with procurement
organizations to maximize the opportunity to recover organs for the
purpose of transplantation when the recovery of organs does not
interfere with a death investigation.
2. If a medical examiner receives notice from a procurement
organization that an organ might be or was made available with
respect to a decedent whose body is under the jurisdiction of the
medical examiner and a postmortem examination will be performed,
unless the medical examiner denies recovery in accordance with this
section, the medical examiner or designee shall conduct a postmortem
examination of the body or the organ in a manner and within a period
compatible with its preservation for the purposes of the gift. Every
reasonable effort shall be made to accomplish the mutual goals of
organ donation and a thorough death investigation.
3. An organ shall not be removed from the body of a decedent
under the jurisdiction of a medical examiner for transplantation
unless the organ is the subject of an anatomical gift. This
subsection does not preclude a medical examiner from performing a
medicolegal investigation pursuant to subsection 5 upon the body or
organs of a decedent under the jurisdiction of the medical examiner.
4. Upon request of an organ procurement organization, a medical
examiner shall release to the organ procurement organization the name
and contact information of a decedent whose body is under the
jurisdiction of the medical examiner. If the decedent's organs are
medically suitable for transplantation, the pathologist or medical
examiner shall release to the organ procurement organization the
postmortem examination results, limited to cause and manner of death
and any evidence of infection or other disease process, which might
preclude safe transplantation of recovered organs. The organ
procurement organization may make a subsequent disclosure of the
postmortem examination results only if relevant to transplantation.
5. The medical examiner 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, which the medical examiner
determines may be relevant to the investigation.
6. A person who has any information requested by a medical
examiner pursuant to subsection 5 shall provide that information as
expeditiously as possible to allow the medical examiner to conduct
the medicolegal investigation within a period compatible with the
preservation of organs for the purpose of transplantation.
7. If an anatomical gift has been or might be made of an organ of
a decedent whose body is under the jurisdiction of the medical
examiner and a postmortem examination is not required, or the medical
examiner determines that a postmortem examination is required but
that the recovery of the organ that is the subject of an anatomical
gift will not interfere with the examination, the medical examiner
and organ procurement organization shall cooperate in the timely
removal of the organ from the decedent for the purpose of
transplantation.
8. a. If an anatomical gift of an organ from a decedent under
the jurisdiction of the medical examiner has been or might be made,
but the pathologist or medical examiner initially believes that the
recovery of the organ could interfere with the postmortem
investigation into the decedent's cause or manner of death, the
pathologist or medical examiner shall consult with the organ
procurement organization or physician or technician designated by the
organ procurement organization about the proposed recovery.
b. Ancillary clinical tests such as a magnetic resonance
imaging (MRI), a computed tomography (CT) scan, or skeletal survey
may be required by the pathologist prior to determination of
suitability of organ procurement. These tests shall be performed and
interpreted by the appropriate physician at the pathologist's
request, and reported in a timely fashion. All expenses for such
tests shall be the responsibility of the organ procurement
organization regardless of outcome.
c. After consultation pursuant to paragraph "a" and any
preliminary investigation pursuant to paragraph "b", the
pathologist or medical examiner may allow recovery, depending on the
nature of the case and the availability of a pathologist to view the
body prior to recovery.
9. If the manner of death may be homicide or has the potential
for litigation, the organ recovery shall be approved by the forensic
pathologist, and the forensic pathologist may examine the body prior
to organ recovery and document by diagrams and photographs all
visible injuries.
10. a. If the medical examiner or designee allows recovery of
an organ under subsection 7, 8, or 9, the organ procurement
organization, upon request, shall cause the physician or technician
who removes the organ to provide the medical examiner with a record
describing the condition of the organ, a biopsy, a photograph, and
any other information and observations that would assist in the
postmortem examination.
b. Arrangements for the examination of bodies of such
decedents shall be coordinated between the organ procurement
organization and the state medical examiner.
c. If applicable, and whenever possible, the forensic
pathologist who examined the decedent's body prior to recovery of the
organ shall perform the autopsy. If the forensic pathologist is
unable to accommodate examination of the body due to scheduling or
staffing, the request for organ donation may be denied.
11. If a medical examiner or designee is required to be present
at a removal procedure under subsection 9, upon request, the organ
procurement organization requesting the recovery of the organ shall
reimburse the medical examiner or designee for the additional costs
incurred in complying with subsection 9.
12. A physician or technician who removes an organ at the
direction of the organ procurement organization may be called to
testify about findings from the surgical recovery of organs at no
cost to taxpayers if the decedent is under the jurisdiction of the
medical examiner.
13. a. The medical examiner or pathologist with jurisdiction
over the body of a decedent has discretion to grant or deny
permission for organ or tissue recovery.
b. If the recovery of organs or tissues may hinder the
determination of cause or manner of death or if evidence may be
destroyed by the recovery, permission may be denied.
c. The medical examiner or a pathologist performing state
autopsies shall work closely with procurement organizations in an
effort to balance the needs of the public and the decedent's next of
kin.
