N.Y. County Law § 674-a: Manner of investigation when decedent is a donor of an anatomical gift

§ 674-a. Manner of investigation when decedent is a donor of an

anatomical gift. 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.