Section 674-A. Manner of investigation when decedent is a donor of an anatomical gift  


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  • 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.