                                 CODE OF VIRGINIA

FACILITATION OF ANATOMICAL GIFT FROM DECEDENT WHOSE BODY IS UNDER JURISDICTION
OF THE OFFICE OF THE CHIEF MEDICAL EXAMINER (§ 32.1-291.23)

A. Upon request of a procurement organization, the Office of the Chief 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 Office of the Chief Medical Examiner. If the
decedent&#8217;s body or part is medically suitable for transplantation,
therapy, research, or education, the Office of the Chief 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 Office of the Chief
Medical Examiner only if relevant to transplantation, therapy, research, or
education.

B. The Office of the Chief 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 Office
of the Chief Medical Examiner.

C. A person that has any information requested by the Office of the Chief
Medical Examiner pursuant to subsection B shall provide that information as
expeditiously as possible to allow the Office of the Chief 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.

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 Office of the Chief Medical Examiner and a
postmortem examination is not required, or the Office of the Chief 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 Office of the Chief 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 Office of the Chief 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 a decedent
under the jurisdiction of the Office of the Chief Medical Examiner has been or
might be made, but the Office of the Chief Medical Examiner believes that the
recovery of the part could interfere with the postmortem investigation into the
decedent&#8217;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 an Assistant Chief 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 years.

F. If the Office of the Chief Medical Examiner allows recovery of a part under
subsection D or E, the procurement organization, upon request, shall cause the
physician or technician who removes the part to provide the Office of the Chief
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 the Office of the Chief Medical Examiner is required to be present at a
removal procedure under subsection E, upon request the procurement organization
requesting the recovery of the part shall reimburse the Office of the Chief
Medical Examiner for the additional costs incurred in complying with subsection
E.

HISTORY: 2007, cc. 92, 907; 2014, c. 583.