Oklahoma § 63-2200.23 - Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,

§ 63-2200.23. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,

2009.

NOTE: This section was held unconstitutional by the Oklahoma

Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008

OK 102 (2009).

§63-2200.23A. Facilitation of anatomical gift from body of decedent

under medical examiner's jurisdiction.

A. Upon request of a procurement organization, a medical

examiner shall release to the procurement organization the name,

contact information, and available medical and social history of a

decedent whose body is under the jurisdiction of the medical

examiner. If the decedent’s body or part is medically suitable for

transplantation, therapy, research, or education, the medical

examiner shall release postmortem examination results to the

procurement organization. The procurement organization may make a

subsequent disclosure of the postmortem examination results or other

information received from the medical examiner only if relevant to

transplantation, therapy, research or education.

B. The medical examiner may conduct a medicolegal investigation

by reviewing all medical records, laboratory test results, x-rays,

other diagnostic results, and other information that any person

possesses about a donor or prospective donor whose body is under the

jurisdiction of the medical examiner that the medical examiner

determines may be relevant to the investigation.

C. A person who has any information requested by a medical

examiner pursuant to subsection B of this section shall provide that

information as expeditiously as possible to allow the medical

examiner to conduct the medicolegal investigation within a period

compatible with the preservation of parts for the purpose of

transplantation, therapy, research, or education.

Oklahoma Statutes - Title 63. Public Health and Safety

D. If an anatomical gift has been or might be made of a part of

a decedent whose body is under the jurisdiction of the medical

examiner and a postmortem examination is not required, or the

medical examiner determines that a postmortem examination is

required but that the recovery of the part that is the subject of an

anatomical gift will not interfere with the examination, the medical

examiner and procurement organization shall cooperate in the timely

removal of the part from the decedent for the purpose of

transplantation, therapy, research, or education.

E. The medical examiner and procurement organizations shall

enter into an agreement setting forth protocols and procedures to

govern relations between the parties when an anatomical gift of a

part from the decedent under the jurisdiction of the medical

examiner has been or might be made, but the medical examiner

believes that the recovery of the part could interfere with the

postmortem investigation into the decedent’s cause or manner of

death. Decisions regarding the recovery of organs, tissue and eyes

from such a decedent shall be made in accordance with the agreement.

In the event that the medical examiner denies recovery of an

anatomical gift, the procurement organization may request the Chief

Medical Examiner to reconsider the denial and to permit the recovery

to proceed. The parties shall evaluate the effectiveness of the

protocols and procedures at regular intervals but no less frequently

than every two (2) years.

F. If the medical examiner or designee allows recovery of a

part under subsection D or E of this section, the procurement

organization, upon request, shall cause the physician or technician

who removes the part to provide the medical examiner with a record

describing the condition of the part, a biopsy, a photograph, and

any other information and observations that would assist in the

postmortem examination.

G. If a medical examiner or designee is required to be present

at a removal procedure under subsection E of this section, upon

request the procurement organization requesting the recovery of the

part shall reimburse the medical examiner or designee for the

additional costs incurred in complying with subsection E of this

section.

Added by Laws 2009, c. 139, § 23, eff. Nov. 1, 2009.