65-3242. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner. - Kansas Statutes

65-3242

Chapter 65.--PUBLIC HEALTH Article 32.--REVISED UNIFORM ANATOMICAL GIFT ACT

      65-3242.   Facilitation of anatomical gift fromdecedent whose body is under jurisdiction of coroner.(a) Upon request of a procurement organization, acoronershall release to the procurement organization the name, contact information,and availablemedical and social history of a decedent whose body is under the jurisdictionof the coroner. If the decedent's body or part is medically suitable fortransplantation,therapy, research, or education, the coroner shall releasepost-mortem examination results to the procurement organization. Theprocurementorganization may make asubsequent disclosure of the post-mortem examinationresults or other information received fromthe coroner only if relevant to transplantation ortherapy.

      (b)   The coroner may conduct amedicolegal examination byreviewing all medical records, laboratory test results, x-rays, otherdiagnostic results, and other information that any personpossesses about a donor or prospective donor whosebody is underthe jurisdiction of the coroner which the coronerdetermines may be relevant to the investigation.

      (c)   A person that has any information requested by acoronerpursuant to subsection (b) shall provide that information as expeditiously aspossible to allow thecoroner to conduct the medicolegal investigation within aperiodcompatible with the preservation of parts for the purpose of transplantation,therapy, research, oreducation.

      (d)   If an anatomical gift has been or might be made of a part of a decedentwhosebody is under the jurisdiction of the coroner and apost-mortem examination is not required, or the coroner determines that apost-mortem examination is required but that the recovery of the part that isthe subjectof an anatomical giftwill not interfere with the examination, the coroner andprocurementorganization shall cooperate in the timely removal of the part from thedecedent for the purposeof transplantation, therapy, research, or education.

      (e)   If an anatomical gift of a part from the decedentunder the jurisdiction of thecoroner has been or might be made, but the coronerinitially believes that the recovery of the part could interfere with thepost-mortem investigationinto the decedent's cause or manner of death, thecoroner shall consult withthe procurement organization or physician or technician designated by theprocurementorganization about the proposed recovery. After consultation, the coronermay allow the recovery.

      (f)   Following the consultation under subsection (e), in the absence ofmutuallyagreed-upon protocols to resolve conflict between the coronerand theprocurement organization, if the coroner intends to denyrecovery, thecoroner or designee, at the request of the procurementorganization, shallattend the removal procedure for the part before making a final determinationnot to allow theprocurement organization to recover the part. During the removal procedure, thecoroneror designee may allow recovery by the procurement organizationto proceed,or, if the coroner or designee reasonably believes that thepart may beinvolved in determining the decedent's cause or manner of death, deny recoveryby theprocurement organization.

      (g)   If the coroner or designee denies recovery undersubsection (f), the coroner or designee shall:

      (1)   Explain in a record the specific reasons for not allowing recovery of thepart;

      (2)   include the specific reasons in the records of the coroner;and

      (3)   provide a record with the specific reasons to the procurementorganization.

      (h)   If the coroner or designee allows recovery of a partunder subsection (d), (e), or (f), the procurement organization, upon request,shall cause thephysician or technician who removes the part to provide the coronerwith a record describing the condition of the part, a biopsy, aphotograph, and any other information andobservations that would assist in the post-mortem examination.

      (i)   If a coroner or designee is required to be present at aremoval procedure under subsection (f), upon request the procurementorganization requestingthe recovery of the part shall reimburse the coroner ordesignee for theadditional costs incurred in complying with subsection (f).

      History:   L. 2007, ch. 127, § 22; July 1.