§ 23-18.6.1-23. Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.
(a) The medical examiner or his or her designee shall provide the federally designated organ procurement organization and other nonprofit federally registered eye and tissue banks, in a timely manner, all information necessary to facilitate organ and tissue donation including, but not limited to, names and available contact information of individuals whose deaths have been reported to the medical examiner’s office and jurisdiction accepted.
(b) The medical examiner may release and permit the removal of a part from a body within that official’s custody, for transplantation or therapy, if:
(1) The official has received a request for the part from a hospital, physician, surgeon, or procurement organization;
(2) A donation has been authorized in accordance with §§ 23-18.6.1-5 or 23-18.6.1-9;
(3) The official does not know of a refusal or contrary indication by the decedent or objection by a person having authority to act as listed in § 23-18.6.1-9;
(4) The removal will be by a physician, surgeon, or technician; but in the case of eyes, by one of them or by an enucleator;
(5) The removal will not interfere with any autopsy, investigation, procedure, or other additional activity as deemed necessary by the medical examiner required to arrive at a reasonable cause and manner of death;
(6) The removal will be in accordance with accepted medical standards; and
(7) Cosmetic restoration will be done, if appropriate.
(c) The medical examiner, or his or her designee, may permit the removal of the anatomical gift to occur at the medical examiner’s office.
(d) A permanent record of the names of the decedent, the person making the request, the date and purpose of the request, the part requested, and the person to whom it was released should be made by the hospital/physician/technician (enucleator) and forwarded to the medical examiner for his or her records.
(e) The medical examiner, or his or her designee, shall be present during the removal of the anatomical gift if in his or her judgment such attendance would, in the opinion of the medical examiner or his or her designee, facilitate a donation that would otherwise be denied.
(f) The medical examiner, or his or her designee, may only deny removal of the anatomical gift after explaining in writing or verbally with subsequent written documentation to the federally designated organ procurement organization and other nonprofit federally registered eye and tissue banks, reasons for determining that those tissues or organs may be involved in the cause of death.
History of Section.P.L. 2007, ch. 476, § 2.
Structure Rhode Island General Laws
Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act
Section 23-18.6.1-1. - Short title.
Section 23-18.6.1-2. - Definitions.
Section 23-18.6.1-3. - Applicability.
Section 23-18.6.1-4. - Who may make anatomical gift before donor’s death.
Section 23-18.6.1-5. - Manner of making anatomical gift before donor’s death.
Section 23-18.6.1-6. - Amending or revoking anatomical gift before donor’s death.
Section 23-18.6.1-7. - Refusal to make anatomical gift — Effect of refusal.
Section 23-18.6.1-8. - Preclusive effect of anatomical gift, amendment or revocation.
Section 23-18.6.1-9. - Who may make anatomical gift of decedent’s body or part.
Section 23-18.6.1-11. - Persons that may receive anatomical gift — Purpose of anatomical gift.
Section 23-18.6.1-12. - Search and notification.
Section 23-18.6.1-13. - Delivery of document of gift not required — Right to examine.
Section 23-18.6.1-14. - Rights and duties of procurement organization and others.
Section 23-18.6.1-15. - Coordination of procurement and use.
Section 23-18.6.1-16. - Sale or purchase of parts prohibited.
Section 23-18.6.1-17. - Other prohibited acts.
Section 23-18.6.1-18. - Immunity.
Section 23-18.6.1-20. - Donor registry.
Section 23-18.6.1-21. - [Reserved.]
Section 23-18.6.1-22. - Cooperation between medical examiner and procurement organization.
Section 23-18.6.1-24. - Uniformity of application and construction.
Section 23-18.6.1-25. - Relation to Electronic Signatures in Global and National Commerce Act.