Bill Text: IN HB1045 | 2010 | Regular Session | Introduced
Bill Title: Denial of organ procurement by coroner.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-01-11 - Representative T. Brown added as coauthor [HB1045 Detail]
Download: Indiana-2010-HB1045-Introduced.html
Citations Affected: IC 16-19-3-29; IC 29-2-16.1-21; IC 36-2-14-22.6.
Synopsis: Denial of organ procurement by coroner. Specifies
circumstances under which a coroner may base a decision to deny
procurement of a body part for transplantation.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Public Health.
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(b) If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a postmortem examination is going to be performed, unless the coroner denies recovery in accordance with IC 36-2-14-22.6(f) or
IC 36-2-14-22.6(g), the coroner or designee shall, when practicable,
conduct a postmortem examination of the body or the part in a manner
and within a period compatible with its preservation for the purposes
of the gift. If a coroner conducts a postmortem examination outside of
a compatible period, the coroner must document why examination
occurred outside of a compatible period. It is considered sufficient
documentation if the coroner documents that additional time was
necessary to conduct an adequate medicolegal examination.
(c) A part may not be removed from the body of a decedent under
the jurisdiction of a coroner for transplantation, therapy, research, or
education unless the part is the subject of an anatomical gift. The body
of a decedent under the jurisdiction of the coroner may not be delivered
to a person for research or education unless the body is the subject of
an anatomical gift. This subsection does not preclude a coroner or
pathologist from performing the medicolegal investigation upon the
body or parts of a decedent under the jurisdiction of the coroner or
from using the body or parts of a decedent under the jurisdiction of the
coroner for the purposes of research, education, or training required by
the coroner or pathologist.
(b) The 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 coroner which the coroner determines may be relevant to the investigation.
(c) A person that has any information requested by a coroner under subsection (b) shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.
(d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a postmortem examination is not required, or the coroner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education.
(e) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner, in consultation with a pathologist, initially believes that the recovery of the part could:
(1) interfere with the postmortem investigation into the decedent's cause or manner of death; or
(2) interfere with the preservation or collection of evidence;
the coroner and pathologist shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. After consultation, the coroner may allow the recovery, delay the recovery, or deny the recovery.
(f) Before the removal procedure, the coroner or designee may:
(1) allow recovery by the procurement organization to proceed; or
(2) if the coroner or designee:
(A) reasonably believes that the part may be involved in determining the decedent's cause or manner of death; or
(B) in tissue procurement cases,
deny recovery by the procurement organization. The coroner or designee must be present at the scene before denying the recovery of a part. When practicable, the coroner and pathologist shall work with the procurement organization to facilitate removal of a part following any postmortem examination of the decedent.
(g) If an anatomical gift of a part from a decedent under the jurisdiction of the coroner has been or might be made, but the coroner determines that the part contributed to the death of the potential donor, the coroner may deny recovery of the part from the decedent based on all of the following:
(1) The coroner's examination of the decedent's medical record.
(2) The coroner's evaluation of laboratory tests or diagnostic imaging previously conducted or conducted at the request of
the coroner or a pathologist.
(3) The coroner's consultation with the decedent's attending
physician.
(4) Either:
(A) visualization of the part by a pathologist in the
operating room during the surgical removal of the part for
donation; or
(B) if visualization described in clause (A) is not feasible:
(i) telephone consultation between a pathologist and the
transplant surgeon before or during the transplant
surgeon's surgical removal of the part for donation; and
(ii) if determined necessary by the coroner or
pathologist, oral, written, or photographic
documentation of the condition of the part before and
after surgical removal and the transplant surgeon's
surgical notes concerning the removal.
(g) (h) If the coroner or designee denies recovery under subsection
(e), or (f), or (g), the coroner or designee shall:
(1) explain in a record the specific reasons for not allowing
recovery of the part;
(2) include the specific reasons in the records of the coroner and
forensic pathologist; and
(3) provide a record with the specific reasons to the procurement
organization and the state department of health.
(h) (i) If the coroner or designee allows recovery of a part under
subsection (d), (e), or (f), the procurement organization shall do the
following:
(1) At the request of the coroner or designee and when
practicable, perform diagnostic studies that would aid in
documenting the presence or absence of injuries.
(2) Cause the physician or technician who removes the part to
explain in a signed record the condition of the part, including the
presence or absence of any injuries to the part or any surrounding
tissue or organs.
(3) Provide a copy of the record described in subdivision (2) to
the coroner and the investigating law enforcement agency.
(4) Cause the physician or technician who removes the part to
photograph, collect, preserve, and maintain the appropriate chain
of custody of any evidence that is found during procurement.
(5) Cause the physician or technician who removes the part to
collect blood and other bodily fluid samples as directed by the
coroner or designee.
(6) Cause the physician or technician who removes the part to, upon the request of the coroner or designee, photograph, biopsy, or provide any other information and observations concerning the part or body that would assist in the postmortem examination.
(1) be present at a removal procedure under subsection (f) or (g); or
(2) perform duties at times other than those that are usual and customary for the coroner or designee to maximize tissue or eye recovery under IC 29-2-16.1-21(b);
at the request of the coroner or designee, the procurement organization that requested the recovery of the part shall reimburse the coroner or designee for the additional costs incurred by the coroner or designee to comply with subsection (f) or (g) or IC 29-2-16.1-21(b).
