Autopsy--consent required--penalty for violation--availability ofreport, to whom.
194.115. 1. Except when ordered or directed by a public officer,court of record or agency authorized by law to order an autopsy orpostmortem examination, it is unlawful for any licensed physician andsurgeon to perform an autopsy or postmortem examination upon the remains ofany person without the consent of one of the following:
(1) The deceased, if in writing, and duly signed and acknowledgedprior to his death; or
(2) A person designated by the deceased in a durable power ofattorney that expressly refers to the giving of consent to an autopsy orpostmortem examination; or
(3) The surviving spouse; or
(4) If the surviving spouse through injury, illness or mentalcapacity is incapable of giving his or her consent, or if the survivingspouse is unknown, or his or her address unknown or beyond the boundariesof the United States, or if he or she has been separated and living apartfrom the deceased, or if there is no surviving spouse, then any survivingchild, parent, brother or sister, in the order named; or
(5) If no surviving child, parent, brother or sister can be contactedby telephone or telegraph, then any other relative, by blood or marriage;or
(6) If there are no relatives who assume the right to control thedisposition of the remains, then any person, friend or friends who assumesuch responsibility.
2. If the surviving spouse, child, parent, brother or sisterhereinabove mentioned is under the age of twenty-one years, but over theage of sixteen years, such minor shall be deemed of age for the purpose ofgranting the consent hereinabove required.
3. Any licensed physician and surgeon performing an autopsy orpostmortem examination with the consent of any of the persons enumerated insubsection 1 of this section shall use his judgment as to the scope andextent to be performed, and shall be in no way liable for such action.
4. It is unlawful for any licensed physician, unless specificallyauthorized by law, to hold a postmortem examination on any unclaimed deadwithout the consent required by section 194.170.
5. Any person not a licensed physician performing an autopsy or anylicensed physician performing an autopsy without the authorization hereinrequired shall upon conviction be adjudged guilty of a misdemeanor, andsubject to the penalty provided for in section 194.180.
6. If an autopsy is performed on a deceased patient and an autopsyreport is prepared, such report shall be made available upon request to thepersonal representative or administrator of the estate of the deceased, thesurviving spouse, any surviving child, parent, brother or sister of thedeceased.
(L. 1953 p. 629 § 1, A.L. 1961 p. 514, A.L. 1989 H.B. 145, A.L. 2001 S.B. 267)
Autopsy--consent required--penalty for violation--availability ofreport, to whom.
194.115. 1. Except when ordered or directed by a public officer,court of record or agency authorized by law to order an autopsy orpostmortem examination, it is unlawful for any licensed physician andsurgeon to perform an autopsy or postmortem examination upon the remains ofany person without the consent of one of the following:
(1) The deceased, if in writing, and duly signed and acknowledgedprior to his death; or
(2) A person designated by the deceased in a durable power ofattorney that expressly refers to the giving of consent to an autopsy orpostmortem examination; or
(3) The surviving spouse; or
(4) If the surviving spouse through injury, illness or mentalcapacity is incapable of giving his or her consent, or if the survivingspouse is unknown, or his or her address unknown or beyond the boundariesof the United States, or if he or she has been separated and living apartfrom the deceased, or if there is no surviving spouse, then any survivingchild, parent, brother or sister, in the order named; or
(5) If no surviving child, parent, brother or sister can be contactedby telephone or telegraph, then any other relative, by blood or marriage;or
(6) If there are no relatives who assume the right to control thedisposition of the remains, then any person, friend or friends who assumesuch responsibility.
2. If the surviving spouse, child, parent, brother or sisterhereinabove mentioned is under the age of twenty-one years, but over theage of sixteen years, such minor shall be deemed of age for the purpose ofgranting the consent hereinabove required.
3. Any licensed physician and surgeon performing an autopsy orpostmortem examination with the consent of any of the persons enumerated insubsection 1 of this section shall use his judgment as to the scope andextent to be performed, and shall be in no way liable for such action.
4. It is unlawful for any licensed physician, unless specificallyauthorized by law, to hold a postmortem examination on any unclaimed deadwithout the consent required by section 194.170.
5. Any person not a licensed physician performing an autopsy or anylicensed physician performing an autopsy without the authorization hereinrequired shall upon conviction be adjudged guilty of a misdemeanor, andsubject to the penalty provided for in section 194.180.
6. If an autopsy is performed on a deceased patient and an autopsyreport is prepared, such report shall be made available upon request to thepersonal representative or administrator of the estate of the deceased, thesurviving spouse, any surviving child, parent, brother or sister of thedeceased.
(L. 1953 p. 629 § 1, A.L. 1961 p. 514, A.L. 1989 H.B. 145, A.L. 2001 S.B. 267)
Autopsy--consent required--penalty for violation--availability ofreport, to whom.
194.115. 1. Except when ordered or directed by a public officer,court of record or agency authorized by law to order an autopsy orpostmortem examination, it is unlawful for any licensed physician andsurgeon to perform an autopsy or postmortem examination upon the remains ofany person without the consent of one of the following:
(1) The deceased, if in writing, and duly signed and acknowledgedprior to his death; or
(2) A person designated by the deceased in a durable power ofattorney that expressly refers to the giving of consent to an autopsy orpostmortem examination; or
(3) The surviving spouse; or
(4) If the surviving spouse through injury, illness or mentalcapacity is incapable of giving his or her consent, or if the survivingspouse is unknown, or his or her address unknown or beyond the boundariesof the United States, or if he or she has been separated and living apartfrom the deceased, or if there is no surviving spouse, then any survivingchild, parent, brother or sister, in the order named; or
(5) If no surviving child, parent, brother or sister can be contactedby telephone or telegraph, then any other relative, by blood or marriage;or
(6) If there are no relatives who assume the right to control thedisposition of the remains, then any person, friend or friends who assumesuch responsibility.
2. If the surviving spouse, child, parent, brother or sisterhereinabove mentioned is under the age of twenty-one years, but over theage of sixteen years, such minor shall be deemed of age for the purpose ofgranting the consent hereinabove required.
3. Any licensed physician and surgeon performing an autopsy orpostmortem examination with the consent of any of the persons enumerated insubsection 1 of this section shall use his judgment as to the scope andextent to be performed, and shall be in no way liable for such action.
4. It is unlawful for any licensed physician, unless specificallyauthorized by law, to hold a postmortem examination on any unclaimed deadwithout the consent required by section 194.170.
5. Any person not a licensed physician performing an autopsy or anylicensed physician performing an autopsy without the authorization hereinrequired shall upon conviction be adjudged guilty of a misdemeanor, andsubject to the penalty provided for in section 194.180.
6. If an autopsy is performed on a deceased patient and an autopsyreport is prepared, such report shall be made available upon request to thepersonal representative or administrator of the estate of the deceased, thesurviving spouse, any surviving child, parent, brother or sister of thedeceased.
(L. 1953 p. 629 § 1, A.L. 1961 p. 514, A.L. 1989 H.B. 145, A.L. 2001 S.B. 267)
