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New York Consolidated Laws, County Law - CNT § 674-a. Manner of investigation when decedent is a donor of an anatomical gift

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1. Notwithstanding any provision of law to the contrary, if the decedent who is under the jurisdiction of the coroner or medical examiner as defined in this chapter is a donor of all or part of his body as defined in the public health law including properly executed consent, such body or part thereof being medically suitable for transplant and the donation having been executed pursuant to the provisions of the public health law, the coroner, the coroner's physician or the medical examiner who has notice of such donation shall only perform an autopsy and/or analysis of tissues or organs in a manner and within a time period compatible with the preservation for the purposes of transplantation of said donation.

2. A physician or surgeon authorized to remove the anatomical gift by the public health law may remove the donated part or parts of said donor's body for acceptance by a person authorized to become a donee by the public health law under the following circumstances:

a. after completion of an autopsy and/or analysis of tissues or organs of said donor by the coroner, the coroner's physician or medical examiner as provided in subdivision one of this section;  or

b. after notice to the coroner or medical examiner, if such autopsy and/or analysis is not undertaken in the manner and within the time provided in subdivision one of this section.  The coroner, medical examiner or representative thereof may be present during removal of the anatomical gift.

3. The physician performing a transplant from a donor under the coroner's or medical examiner's jurisdiction shall file with such coroner or medical examiner a report detailing the condition of and the relationship to the cause of death of the part of the body that is the anatomical gift.  If appropriate, such report shall include a biopsy or medically approved sample from the anatomical gift.  Such report shall become part of the coroner's or the medical examiner's report.

Cite this article: FindLaw.com - New York Consolidated Laws, County Law - CNT § 674-a. Manner of investigation when decedent is a donor of an anatomical gift - last updated January 01, 2021 | https://codes.findlaw.com/ny/county-law/cnt-sect-674-a/


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