Introduced Version






HOUSE BILL No. 1556

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 29-2-16-4.5; IC 34-30-2-153.1; IC 36-2-14-19.

Synopsis: Anatomical gifts. Provides that the conditions for a coroner to release a donated cornea apply to other anatomical gifts. Allows procurement organizations to remove anatomical gifts. Requires a coroner to confer with a procurement organization when an individual dies in a hospital and to document: (1) whether the anatomical gift has a useable life; and (2) the means to fulfill the donation. Makes conforming changes.

Effective: July 1, 2005.





Becker, Grubb




    January 18, 2005, read first time and referred to Committee on Public Health.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.

HOUSE BILL No. 1556



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 29-2-16-4.5; (05)IN1556.1.1. -->     SECTION 1. 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 the removal of a part from a body within the coroner's custody, for transplantation or therapy only, 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 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) 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 or
            (C) a person described
under IC 36-2-14-19.
        (5) The removal will not interfere with any autopsy or investigation.
        (6) The removal will be in accordance with accepted medical standards.
        (7) Cosmetic restoration will be done, if appropriate.
    (b) If the body is not within the custody of the coroner, the medical examiner 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.
SOURCE: IC 34-30-2-152.8; (05)IN1556.1.2. -->     SECTION 2. IC 34-30-2-152.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 152.8. IC 36-2-14-9 (Concerning a person who removes an anatomical gift).
SOURCE: IC 36-2-14-19; (05)IN1556.1.3. -->     SECTION 3. IC 36-2-14-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 19. (a) As used in this section, "cornea" "anatomical gift" includes organs, body tissue, and corneal tissue.
    (b) As used in this section, "decedent" means a person described in section 6(a)(1) through 6(a)(5) of this chapter.
    (c) As used in this section, "eye bank" means a nonprofit corporation:
        (1) organized under Indiana law;
        (2) exempt from federal income taxation under Section 501 of the Internal Revenue Code; and
        (3) whose purposes include obtaining, storing, and distributing corneas and corneal tissue that are to be used for corneal transplants or for other medical or medical research purposes.
    (d) As used in this section, "procurement organization" means a nonprofit corporation:
        (1) organized under Indiana law;
        (2) exempt from federal income taxation under Section 501 of the Internal Revenue Code; and
        (3) whose purposes include obtaining, storing, and distributing anatomical gifts that are to be used for

transplants or for other medical or medical research purposes.
    (d) (e) If under section 6(d) of this chapter the coroner requires an autopsy to be performed upon a decedent, the coroner may authorize the removal of one (1) or both of the decedent's corneas for donation to an eye bank for transplantation, an anatomical gift if the following conditions exist:
        (1) The decedent's corneas are anatomical gift is not necessary for successful completion of the autopsy.
        (2) The decedent's corneas are anatomical gift is not necessary for use as evidence.
        (3) Removal of the decedent's corneas anatomical gift will not alter the postmortem facial appearance of the decedent.
        (4) If an anatomical gift is a cornea, a representative of the eye bank, authorized by the trustees of the eye bank to make requests for corneas, has done the following:
            (A) Within six (6) hours after the time of death, made a reasonable attempt to:
                (i) contact any of the persons listed in the order of priority specified in IC 29-2-16-2(b); and
                (ii) inform the person of the effect of the removal of the decedent's corneas on the physical appearance of the decedent.
            (B) Submitted to the coroner:
                (i) a written request for the donation by the coroner of corneas of the decedent subject to autopsy under section 6(d) of this chapter; and
                (ii) a written certification that corneas donated under this section are intended to be used only for cornea transplant.
        (5) The removal of the corneas anatomical gift and their its donation to the eye bank procurement organization will not alter a gift made by:
            (A) the decedent when alive; or
            (B) any of the persons listed in the order of priority specified in IC 29-2-16-2(b);
        to an agency or organization other than the eye bank procurement organization making the request for the donation.
        (6) The coroner, at the time the removal and donation of a decedent's corneas anatomical gift is authorized, does not know of any objection to the removal and donation of the decedent's corneas anatomical gift made by:
            (A) the decedent, as evidenced in a written document executed

by the decedent when alive; or
            (B) any of the persons listed in the order of priority specified in IC 29-2-16-2(b).
     (f) If an individual dies in a hospital, the coroner must confer with the procurement organization and must document, using standards adopted by the National Association of Medical Examiners, the following:
        (1) Whether the decedent's anatomical gift has a useable life.
        (2) The means to fulfill the donation.

    (e) (g) A person, including a coroner, and an eye bank, and the eye bank's representatives, or a procurement organization, who exercises reasonable care in complying with subsection (d)(6) is immune from civil liability arising from cornea anatomical gift removal and donation allowed under this section.
    (f) (h) A person who authorizes the donation of a decedent's corneas anatomical gift may not be charged for the costs related to the donation. The recipient of the donation is responsible for the costs related to the donation.