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This entry was published on 2014-09-22
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SECTION 674-A
Manner of investigation when decedent is a donor of an anatomical gift
County (CNT) CHAPTER 11, ARTICLE 17-A
§ 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.