(1) In any case in which a patient is in need of corneal tissue for a transplant, a district medical examiner or an appropriately qualified designee with training in ophthalmologic techniques may, upon request of any eye bank authorized under s. 765.518, provide the cornea of a decedent whenever all of the following conditions are met:
(a) A decedent who may provide a suitable cornea for the transplant is under the jurisdiction of the medical examiner and an autopsy is required in accordance with s. 406.11.
(b) No objection by the next of kin of the decedent is known by the medical examiner.
(c) The removal of the cornea will not interfere with the subsequent course of an investigation or autopsy.
(2) Neither the district medical examiner nor the medical examiner’s appropriately qualified designee nor any eye bank authorized under s. 765.518 may be held liable in any civil or criminal action for failure to obtain consent of the next of kin.
History.—s. 1, ch. 77-172; s. 1, ch. 78-191; s. 979, ch. 97-102; s. 69, ch. 2001-226; s. 111, ch. 2002-1.
Note.—Former s. 732.9185.
Structure Florida Statutes
Chapter 765 - Health Care Advance Directives
Part V - Anatomical Gifts (Ss. 765.510-765.547)
765.510 - Legislative declaration.
765.512 - Persons who may make an anatomical gift.
765.513 - Donees; purposes for which anatomical gifts may be made.
765.514 - Manner of making anatomical gifts.
765.515 - Delivery of donor document.
765.5155 - Donor registry; education program.
765.51551 - Donor registry; public records exemption.
765.516 - Donor amendment or revocation of anatomical gift.
765.517 - Rights and duties at death.
765.5185 - Corneal removal by medical examiners.
765.519 - Enucleation of eyes by licensed funeral directors.
765.521 - Donations as part of driver license or identification card process.
765.523 - Discrimination in access to anatomical gifts and organ transplants prohibited.
765.541 - Certification of procurement organizations; agency responsibilities.
765.542 - Requirements to engage in organ, tissue, or eye procurement.
765.543 - Organ and Tissue Procurement and Transplantation Advisory Board; creation; duties.
765.544 - Fees; organ and tissue donor education and procurement.
765.545 - Physician supervision of cadaveric organ and tissue procurement coordinators.
765.546 - Procurement of cadaveric organs for transplant by out-of-state physicians.
765.547 - Cooperation between medical examiner and procurement organization.