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H0530......................................................by STATE AFFAIRS
ANATOMICAL GIFTS - Amends existing law relating to anatomical gifts by
providing additional conditions governing when a coroner may authorize the
removal of a body part.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 530
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE ANATOMICAL GIFT ACT; AMENDING SECTION 39-3405, IDAHO CODE, TO
3 PROVIDE ADDITIONAL CONDITIONS GOVERNING WHEN A CORONER MAY AUTHORIZE THE
4 REMOVAL OF A BODY PART.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 39-3405, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-3405. AUTHORIZATION BY CORONER OR LOCAL PUBLIC HEALTH OFFICIAL. (1)
9 The coroner may release and permit the removal of a part from a body within
10 that official's custody, for transplantation or therapy if:
11 (a) The official has received a request for the part from a hospital,
12 physician, surgeon, or procurement organization;
13 (b) The official has made a reasonable effort, taking into account the
14 useful life of the part, to locate and examine the decedent's medical
15 records and inform persons listed in section 39-3404(1), Idaho Code, of
16 their option to make, or object to making, an anatomical gift. The offi-
17 cial shall maintain a permanent record of the search including the time
18 the search is initiated, the person who performed the search, and all con-
19 tacts including the name, address, time contacted and information
20 obtained;
21 (c) The official does not know of a refusal or contrary indication by the
22 decedent or objection by a person having priority to act as listed in sec-
23 tion 39-3404(1), Idaho Code;
24 (d) The removal will be by a physician, surgeon, or technician; but in
25 the case of eyes by one of them or by an enucleator;
26 (e) The removal will not interfere with any autopsy or investigation;
27 (f) The removal will be in accordance with accepted medical standards;
28 and
29 (g) Cosmetic restoration will be done, if appropriate;
30 (h) The coroner does not know that the decedent, at the time of death,
31 was a member of a religion, church or sect which has religious tenets that
32 would be violated by the disposition of the decedent's body or part for
33 any purposes pursuant to this section;
34 (i) The coroner obtains the consent according to section 39-3404(2),
35 Idaho Code, and a copy of the consent form is kept with all records;
36 (j) The coroner acting pursuant to this section shall not authorize the
37 removal of a part from a body within his/her custody where the coroner or
38 his/her deputy or agent derives or may derive any direct or indirect
39 financial benefit relative to the removal, donation or use of the part.
40 (2) If the body is not within the custody of the coroner, the local pub-
41 lic health officer may release and permit the removal of any part from a body
42 in the local public health officer's custody for transplantation or therapy if
43 the requirements of subsection (1) of this section are met.
2
1 (3) An official releasing and permitting the removal of a part shall
2 maintain a permanent record of the name of the decedent, the person making the
3 request, the date and purpose of the request, the part requested, and the per-
4 son to whom it was released.
STATEMENT OF PURPOSE
RS11778 C2
The purpose of this legislation is to require a coroner to obtain
appropriate approval, if available, before making an anatomical
gift. Further, this legislation prohibits donation of anatomical
gift, if said donation violates decedent’s affiliation with
religion, church, sect, or denomination. No financial benefit
shall be received by the coroner or his/her deputy resulting from
the anatomical gift.
FISCAL IMPACT
No impact to the general fund.
Contact
Name: Rep. Margaret Henbest
Phone: (208) 332—1134
STATEMENT OF PURPOSE/FISCAL NOTE H 530