HB 1556-2_ Filed 02/24/2005, 10:50 Becker
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that House Bill 1556 be amended to read as follows:
SOURCE: Page 2, line 26; (05)MO155601.2. -->
Page 2, delete lines 26 through 42, begin a new paragraph and insert:
SOURCE: IC 29-2-16-4.5; (05)MO155601.3. -->
"SECTION 3. IC 29-2-16-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4.5. (a) A coroner
release and permit shall attempt to facilitate permission for the
removal of a part from a body organs, tissues, or eyes within the
coroner's custody, for transplantation, therapy, only, or research by
providing information to or seeking information from the
procurement organization that would assist the procurement
organization in the evaluation of the viability for transplantation
of any organ, tissue, or eye if all of the following occur:
(1) The coroner receives a request
for a part from a hospital,
physician, surgeon, or procurement organization.
(2) The coroner makes a reasonable effort, taking into account the
useful life of a part, to locate and examine the decedent's medical
records and inform individuals listed in section 2(b) of this chapter
of their option to make or object to making a gift under this
(3) The decision to allow the removal of organs, tissues, or
eyes is based on a medical decision made by the pathologist or
forensic pathologist. If the pathologist or forensic pathologist
considers withholding one (1) or more organs or tissues of a
potential donor, the pathologist or forensic pathologist:
(A) shall be present during the removal of the organs or
(B) may request a biopsy of the removed organs; and
(C) after viewing the removed organs or tissues and
determining that removal may interfere with the death
investigation, may prohibit removal and shall provide a
written explanation to the procurement organization.
If it is determined that prior removal will interfere with the
death investigation, the procurement organization may
remove the tissues and eyes after the autopsy.
(3) (4) The coroner does not know of a refusal or contrary
indication by the decedent or an objection by an individual having
priority to act as listed in section 2(b) of this chapter.
(4) (5)The removal will be by:
(A) a physician licensed under IC 25-22.5; or
(B) in the case of removal of an eye or part of an eye, by an
individual described in section 4(e) of this chapter; and under
(5) (6) The removal will not interfere with any autopsy or
(6) (7) The removal will be in accordance with accepted medical
(7) (8) Cosmetic restoration will be done, if appropriate.
(9) If the pathologist or forensic pathologist is required to be
present to examine the decedent before or during the removal
of the parts, the procurement organization shall reimburse the
pathologist or forensic pathologist for actual costs, but the
amount may not exceed one thousand dollars ($1,000). The
county is not responsible for any costs incurred by the
pathologist, forensic pathologist, or procurement organization
under this subdivision.
(10) If requested by the coroner, pathologist, or forensic
pathologist, the procurement organization shall provide a
surgeon's report detailing the condition of the organs and the
relationship of the organs to the cause of death, if any.
(b) If the body is not within the custody of the coroner, the
examiner pathologist or forensic pathologist may release and permit
the removal of any part from a body in the medical examiner's custody
for transplantation or therapy if the requirements of subsection (a) are
(c) A person under this section who releases or permits the removal
of a part shall maintain a permanent record of the name of the decedent,
the individual making the request, the date and purpose of the request,
the body part requested, and the person to whom it was released.".
Delete page 3.
SOURCE: Page 4, line 1.
(Reference; (05)MO155601.4. -->
Page 4, delete line 1.
(Reference is to HB 1556 as printed February 18, 2005.)
MO155601/DI 77 2005