Missouri Revised Statutes













Chapter 58

Coroners and Inquests

←58.780

Section 58.785.1

58.010→

August 28, 2015

Release of decedent information to procurement organizations, when--medicolegal examination permitted--recovery of body parts, requirements.

58.785. 1. Upon request of a procurement organization, a coroner or

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 coroner or medical examiner. If

the decedent's body or part is medically suitable for transplantation,

therapy, research, or education, the coroner or 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 coroner or medical

examiner only if relevant to transplantation or therapy.



2. The coroner or medical examiner may conduct a medicolegal examination

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

diagnostic results, and other information that any person possesses about a

prospective donor or a donor whose body is under the jurisdiction of the

coroner or medical examiner which the coroner or medical examiner determines

may be relevant to the investigation.



3. A person that has any information requested by a coroner or medical

examiner under subsection 2 of this section shall provide that information as

expeditiously as possible to allow the coroner or medical examiner to conduct

the medicolegal investigation within a period compatible with the preservation

of parts for purposes of transplantation, therapy, research, or education.



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

decedent whose body is under the jurisdiction of the coroner or medical

examiner and a postmortem examination is not required, or the coroner or

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 coroner or medical examiner and

procurement organization shall cooperate in the timely removal of the part

from the decedent for purposes of transplantation, therapy, research, or

education.



5. If an anatomical gift of a part from the decedent under the

jurisdiction of the coroner or medical examiner has been or might be made,

but the coroner or medical examiner initially believes that the recovery of

the part could interfere with the postmortem investigation into the decedent's

cause or manner of death, the coroner or medical examiner shall consult with

the procurement organization or physician or technician designated by the

procurement organization about the proposed recovery. After consultation, the

coroner or medical examiner may allow recovery.



6. Following the consultation under subsection 5 of this section, in the

absence of mutually agreed upon protocols to resolve conflict between the

coroner or medical examiner and the procurement organization, if the coroner

or medical examiner intends to deny recovery, the coroner or medical examiner

or his or her designee, at the request of the procurement organization, shall

attend the removal procedure for the part before making a final determination

not to allow the procurement organization to recover the part. During the

removal procedure, the coroner or medical examiner or his or her designee may

allow recovery by the procurement organization to proceed, or, if the coroner

or medical examiner or his or her designee reasonably believes that the part

may be involved in determining the decedent's cause or manner of death, deny

recovery by the procurement organization.



7. If the coroner or medical examiner or his or her designee denies

recovery under subsection 6 of this section, the coroner or medical examiner

or his or her designee shall:



(1) Explain in a record the specific reasons for not allowing recovery

of the part;



(2) Include the specific reasons in the records of the coroner or

medical examiner; and



(3) Provide a record with the specific reasons to the procurement

organization.



8. If the coroner or medical examiner or his or her designee allows

recovery of a part under subsection 4, 5, or 6 of this section, the

procurement organization shall, upon request, cause the physician or

technician who removes the part to provide the coroner or medical examiner

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

any other information and observations that would assist in the postmortem

examination.



9. If a coroner or medical examiner or his or her designee is required to

be present at a removal procedure under subsection 6 of this section, the

procurement organization requesting the recovery of the part shall, upon

request, reimburse the coroner or medical examiner or his or her designee for

the additional costs incurred in complying with subsection 6 of this section.



(L. 2008 S.B. 1139)







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