KRS § 311.1953 — KY Code / Title XXVI / Chapter 311 / Section 311.1953
311.1953 Facilitation of anatomical gift from decedent whose body is under jurisdiction of the medical examiner or coroner
Status: in_force

311.1953 Facilitation of anatomical gift from decedent whose body is under

jurisdiction of the medical examiner or coroner.

(1) (a) If a medical examiner or coroner has knowledge that a decedent whose body

is under his or her jurisdiction wishes to be an organ or tissue donor, or upon

request of a procurement organization, a medical examiner or coroner shall

release to the procurement organization the name, contact information, and

available medical and social history of a decedent whose body is under the

jurisdiction of the medical examiner or coroner.

(b) If the body or part of the decedent identified in paragraph (a) of this

subsection is medically suitable for transplantation or therapy, the medical

examiner or coroner shall release relevant postmortem examination results to

the procurement organization.

(c) The procurement organization may make a subsequent disclosure of the

postmortem examination results or other information received from the

medical examiner or coroner only if relevant to transplantation or therapy.

(2) The medical examiner or coroner may conduct a medicolegal investigation 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 or

coroner that the medical examiner or coroner determines may be relevant to the

investigation.

(3) A person that has any information requested by a medical examiner or coroner

pursuant to subsection (2) of this section shall provide that information as

expeditiously as possible to allow the medical examiner or coroner to conduct the

medicolegal investigation within a period compatible with the preservation of parts

for the purpose of transplantation or therapy.

(4) If an anatomical gift has been or might be made of a part of a decedent whose body

is under the jurisdiction of the medical examiner or coroner and a postmortem

examination is not required, or the medical examiner or 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 medical

examiner or coroner and the procurement organization shall cooperate in the timely

removal of the part from the decedent for the purpose of transplantation or therapy.

(5) The medical examiner and procurement organizations shall enter into an agreement

setting forth protocols and procedures to govern relations between the parties when

an anatomical gift of a part from a decedent under the jurisdiction of the medical

examiner has been or might be made, but the medical examiner believes that the

recovery of the part could interfere with the postmortem investigation into the

decedent's cause or manner of death. Decisions regarding the recovery of organs,

tissue, and eyes from such a decedent shall be made in accordance with the

agreement. In the event that the medical examiner or coroner denies recovery of an

anatomical gift, the procurement organization may request the chief medical

examiner to reconsider the denial and to permit the recovery to proceed. The parties

shall evaluate the effectiveness of the protocols and procedures at regular intervals.

(6) If the medical examiner or coroner or designee allows recovery of a part under

subsection (4) or (5) of this section, the procurement organization, upon request,

shall cause the physician or technician who removes the part to provide the medical

examiner or coroner with a record describing the condition of the part, a biopsy, a

photograph, and any other information and observations that would assist in the

postmortem examination.

(7) If the chief medical examiner or coroner determines that a medical examiner or

designee is required to be present at a removal procedure under subsection (5) of

this section, upon request the procurement organization requesting the recovery of

the part shall reimburse the medical examiner, or coroner, or designee for the

additional cost incurred in complying with subsection (5) of this section.