SB 1986

The Post-Mortem Examination Act provides guidelines for when a medical examiner is authorized or required to complete a post-mortem examination, and when the medical examiner is required to complete an investigation. However, present law authorizes the provisions of the Post-Mortem Examination Act to be suspended to the extent necessary to preserve a body or any part of a body when an anatomical gift of such body or part of the body has been made in accordance with the Uniform Anatomical Gift Act. This b ill requires the chief medical examiner of the state and the organ procurement agencies serving the state to develop a protocol for instances in which a body is subject to a post-mortem examination, but an anatomical gift of the body or a body part has be en made in accordance with the Uniform Anatomical Gift Act. The protocol must be filed with the department of health and must be reviewed as necessary. MEDICAL EXAMINER This bill authorizes a medical examiner to deny the procurement of an anatomical gift in whole or in part if the medical examiner believes that the removal would (i) compromise the integrity of the forensic investigation; (ii) destroy or obscure evidence relevant to determining cause, manner, or circumstances of death; delay the autopsy unreasonably; or (iii) otherwise conflict with the medical examiner's statutory duties or ethical obligations. Further, an anatomical gift is prohibited from being procu re d or removed from the body prior to a post-mortem examination under this bill without express written authorization from the medical examiner. The medical examiner's decision must prevail if there is disagreement between the procurement organization and the medical examiner regarding such authorization. This bill requires a medical examiner to consider any request to recover an anatomical gift made by a federally-designated procurement organization. The medical examiner may authorize the recovery of an anatomical gift when, in the examiners judgment, t he request meets all of the following criteria:  The removal will not interfere with the determination of the cause and manner of death.  The anatomical gift to be removed is not directly involved in the suspected fatal pathology.  There is sufficient documentation to preserve necessary forensic evidence prior to removal, which includes photographs and radiographs.  The removal will not interfere with a solid factual foundation for an expert opinion. This bill authorizes the medical examiner to set any reasonable conditions prior to the procurement of an anatomical gift, including requiring the participation of forensic personnel during the procurement. Further, the medical examiner may request the procurement organization complete any additional test not normally contemplated for donor screening purposes. This bill clarifies that its provisions do not prevent a medical examiner from conducting a limited or full autopsy after an anatomical donation has occurred. This bill requires all procurement activities be documented in the autopsy report or case file developed by the medical examiner. PROCUREMENT ORGANIZATION This bill requires a procurement organization to provide the medical examiner with a list of the anatomical gifts to be recovered, anticipated surgical approach and timing, and assurance that the procurement team will comply with the medical examiner's conditions prior to procuring any anatomical gift. After procu rement, the procurement organization must provide the medical examiner with (i) overall photographs of the front and back of the body and closeup images of significant identifiers and injuries, (ii) blood and other bodily fluids taken from the body at the t ime of admission to the hospital in order to complete forensic testing;,(iii) test results from any additional requested testing, and (iv) a copy of any records generated from activities conducted on the body. LIABILITY This bill provides that a medical examiner who limits or denies the procurement of an anatomical gift pursuant to this bill is immune from civil, criminal, or administrative liability for such decision. Further, any physician, surgeon, undertaker, law e nforcement officer, hospital, hospital personnel, or other person who acts in good faith in compliance with this bill is immune from civil or criminal liability for removing, transplanting, or otherwise preserving a body or part of a body.