(a) Applicability of section.--This section shall apply in all cases when the coroner or medical examiner must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect.
(b) Full denial of recovery of organs.--If a coroner or medical examiner is considering denying recovery of all of the organs of a decedent, the coroner or medical examiner shall comply with the procedure set forth in this subsection. The following apply:
(1) The coroner or medical examiner or a designee shall meet with a medical advisory group composed of the decedent's attending physician or a designee, the transplant surgeon or a designee and the applicable designated organ procurement organization at the hospital, during a reasonable time consistent with organ donation and preservation of forensic evidence. In addition, the forensic pathologist may participate as part of the medical advisory group by appearing in person at the hospital, by telephone or through electronic means.
(2) The medical advisory group shall provide the coroner or medical examiner or a designee with the clinical findings of testing and medical procedures performed on the decedent while at the hospital.
(3) If, after the review of the testing and medical procedures set forth in paragraph (2), the coroner or medical examiner or a designee intends to deny recovery of all of the decedent's organs, the coroner or medical examiner or a designee must provide a written statement explaining the reason for the denial. The statement shall be provided to the designated organ procurement organization upon request. The coroner or medical examiner or a designee shall ensure that the written statement is made part of the coroner's or medical examiner's file. The written statement shall be exempt from the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(c) Forms.--The coroner or medical examiner shall develop a form for the purpose of stating that the coroner or medical examiner has denied the recovery of all organs as set forth in subsection (b). The coroner or medical examiner shall complete the form when denying recovery of all of a decedent's organs as set forth in subsection (b).
(Oct. 23, 2018, P.L.594, No.90, eff. imd.)
2018 Amendment. Act 90 added section 8626.
Cross References. Section 8626 is referred to in section 8616 of this title.
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