Oklahoma § 21-1154 - Autopsy - Definition - When allowed - Retention of tissue

§ 21-1154. Autopsy - Definition - When allowed - Retention of tissue

and specimens.

Oklahoma Statutes - Title 21. Crimes and Punishments

A. Autopsy means a post mortem dissection of a dead human body

in order to determine the cause, seat or nature of disease or injury

and includes, but is not limited to, the retention of tissues for

evidentiary, identification, diagnostic, scientific and therapeutic

purposes.

B. An autopsy may be performed on the dead body of a human

being in the following cases:

1. In cases authorized by positive enactment of the

Legislature;

2. Whenever the death occurs under circumstances in which the

medical examiner is authorized as provided in Title 63 of the

Oklahoma Statutes to conduct such autopsy; or

3. Whenever consent is given to a licensed physician to conduct

an autopsy on the body of a deceased person by whichever one of the

following assumes custody of the body for purposes of burial:

Father, mother, husband, wife, child, guardian, next of kin, or in

the absence of any of the foregoing, a friend, or a person charged

by law with the responsibility for burial. If two (2) or more such

persons assume custody of the body, the consent of one of them shall

be deemed sufficient.

C. 1. Any physician or hospital authorized to perform an

autopsy pursuant to this section, whether by statutory authority or

by consent from a person entitled to assume custody of the body for

burial, shall be and is authorized to retain such tissue and

specimens as the examining physician deems proper. Such tissue and

specimens may be retained for examination, dissection or study in

furtherance of determining the cause of death, or for evidentiary,

diagnostic, or scientific purposes. Except with regard to medical

examiners and the Office of the Chief Medical Examiner, this

provision shall not apply if a person entitled to assume custody of

the body for burial notifies the physician or hospital performing

the autopsy prior to said autopsy of any objection to the retention

of tissue and specimens obtained from the autopsy.

2. No physician or hospital authorized to perform an autopsy

pursuant to this section shall be subject to criminal or civil

liability for the retention, examination, dissection, or study of

tissue and specimens obtained from said autopsy under existing laws

regarding the prevention of mutilation of dead bodies.

R.L. 1910, § 2449; Laws 1967, c. 98, § 1, emerg. eff. April 20,

1967; Laws 1981, c. 106, § 1; Laws 1992, c. 355, § 1.