34-26-70. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner.
(a) Upon request of a procurement organization, a 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 coroner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the coroner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner only if relevant to transplantation or therapy.
(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 pursuant to 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 post- mortem examination is not required, or the coroner determines that a post- mortem 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 initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death, the coroner 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.
(f) Following the consultation under subsection (e), in the absence of mutually agreed upon protocols to resolve conflict between the coroner and the procurement organization, if the coroner intends to deny recovery of an organ for transplantation, the coroner or designee, at the request of the procurement organization, shall attend the removal procedure for the part before making a final determination not to allow the procurement organization to recover the part. During the removal procedure, the coroner or designee may allow recovery by the procurement organization to proceed, or, if the coroner or designee reasonably believes that the part may be involved in determining the decedent's cause or manner of death, deny recovery by the procurement organization.
(g) If the coroner or designee denies recovery under subsection (f), 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
(3)Provide a record with the specific reasons to the procurement organization.
(h) If the coroner or designee allows recovery of a part under subsection (d), (e), or (f), the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the 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 post-mortem examination.
(i) If a coroner or designee is required to be present at a removal procedure under subsection (f), upon request the procurement organization requesting the recovery of the part shall reimburse the coroner or designee for the additional costs incurred in complying with subsection (f).
Source: SL 2007, ch 197, §23.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 26 - Custody And Disposition Of Bodies And Body Parts
Section 34-26-1 - Personal right to direct disposition of body and bodily parts.
Section 34-26-2 - Autopsy authorized.
Section 34-26-3 - Dissection authorized by decedent during life.
Section 34-26-4 - Dissection authorized by spouse or next of kin.
Section 34-26-7 - Dissection authorized by legislative enactment.
Section 34-26-9 - Receipt and record of bodies received by medical school.
Section 34-26-11 - Use of unclaimed bodies by medical school--Burial of remains.
Section 34-26-12 - Autopsies at hospitals for the mentally ill.
Section 34-26-13 - Unauthorized dissection of body as misdemeanor.
Section 34-26-14 - Right to custody of dead body--Coroner's custody pending inquest.
Section 34-26-15 - Burial within reasonable time required.
Section 34-26-18 - Failure to make burial as misdemeanor--Civil liability for treble expenses.
Section 34-26-19 - Provisions applicable to parts of body.
Section 34-26-21.1 - Department of Public Safety distribution of information on organ donation.
Section 34-26-47 - Hospital protocol for identifying potential organ donors.
Section 34-26-47.1 - Discrimination in organ transplant process prohibited.
Section 34-26-48 - Short title.
Section 34-26-49 - Definitions.
Section 34-26-50 - Applicability.
Section 34-26-51 - Who may make anatomical gift before donor's death.
Section 34-26-52 - Manner of making anatomical gift before donor's death.
Section 34-26-53 - Amending or revoking anatomical gift before donor's death.
Section 34-26-54 - Refusal to make anatomical gift--Effect of refusal.
Section 34-26-55 - Preclusive effect of anatomical gift, amendment, or revocation.
Section 34-26-56 - Who may make anatomical gift of decedent's body or part.
Section 34-26-58 - Persons who may receive anatomical gift--Purpose of anatomical gift.
Section 34-26-59 - Search and notification.
Section 34-26-60 - Delivery of document of gift not required--Right to examine.
Section 34-26-61 - Rights and duties of procurement organization and others.
Section 34-26-62 - Coordination of procurement and use.
Section 34-26-63 - Sale or purchase of parts prohibited.
Section 34-26-64 - Other prohibited acts.
Section 34-26-67 - Donor registry.
Section 34-26-68 - Effect of anatomical gift on advance health care directive.
Section 34-26-69 - Cooperation between coroner and procurement organization.
Section 34-26-71 - Uniformity of application and construction.
Section 34-26-72 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 34-26-73 - Disposition of body of deceased servicemember.
Section 34-26-74 - Contracts for disposition--Funeral--Burial.
Section 34-26-75 - Right to control--Order of precedence.
Section 34-26-76 - Forfeiture of right.
Section 34-26-77 - Affidavit--Designation by decedent.
Section 34-26-78 - Court determination against statutory precedence--Considerations.
Section 34-26-79 - Funeral service agreement-- Disposition authorization—Reliance upon content.
Section 34-26-80 - Funeral homes--Limitation of liability--Acting in good faith.