311.1961 Removal of cornea or corneal tissue from decedent whose death defined

237 words·~1 min read·/ky/311-1961

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

as a coroner's case -- Conditions -- Who may remove.

(1)In any case in which a patient is in need of a cornea or corneal tissue for a

transplant, the coroner, medical examiner, or his appropriately qualified designee

with training in ophthalmologic techniques may, upon the request of any person

authorized under KRS 311.1929, provide or authorize the removal of the cornea or

corneal tissue by a qualified physician under the following conditions:

(a)The decedent has been defined as a "coroner's case" as set forth by KRS

72.405(2), an autopsy has been ordered pursuant to KRS 72.410, and the

cornea or corneal tissue are suitable for transplant;

(b)No objection by the next of kin is known by the coroner or medical examiner;

and

(c)The removal of the cornea or corneal tissue will not interfere with the

subsequent course of an investigation or autopsy or alter the postmortem facial

appearance.

(2)The medical examiner, coroner, or his appropriately qualified designee or any

persons authorized under KRS 311.1929 shall not be held liable in any civil or

criminal action for failure to obtain consent of the next of kin.

(3)An individual certified by a department of ophthalmology in an accredited school of

medicine as having received competent training, may remove corneas for gift after

proper certification of death by a physician and in compliance with the provisions of

KRS 311.1915, 311.1925, 311.1929, and 311.1935.