HB 1556-2_ Filed 02/24/2005, 10:50 Becker
Adopted 3/1/2005

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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    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 may 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 chapter.
         (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 tissues;
            (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 IC 36-2-14-19.
        (5) (6) The removal will not interfere with any autopsy or investigation.
        (6) (7) The removal will be in accordance with accepted medical standards.
        (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 medical 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 met.
    (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.)


Representative Becker

MO155601/DI 77     2005