Sec. 10.35.01.12. Donation of Internal Organs for Transplantation

A. Whenever there is an immediate need for an internal organ as a transplant, that is, heart, lung, kidney, liver, pancreas, spleen, lymph nodes, or adrenal gland, a medical examiner may provide the organ, if requested by a transplant surgeon, under the following conditions:

(1) The medical examiner has jurisdiction over the body of a decedent;

(2) The body has been tested to determine its suitability;

(3) The hospital representative and treating physician have completed a Certificate of Need for this decedent;

(4) The hospital and treating physician have been unable to contact the next of kin;

(5) No objection by the next of kin is known or reasonably foreseen by the medical examiner; and

(6) The removal of the organ requested for transplant does not interfere with an investigation or autopsy.

B. Whenever a medical examiner on duty determines that an organ cannot be removed for one of the reasons stated in § A of this regulation, the transplant surgeon may request that this decision be reviewed by the Chief Medical Examiner, a Deputy Chief Medical Examiner, or their designee.

C. Whenever a decedent is determined to have died by some violent means, the medical examiner may not authorize removal of the requested organs without direct supervision of the medical examiner or the medical examiner's agent.