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Georgia State Code
Title      31
Chapter      23  
Section Navigation        1 ... 9       
Section1 2 3 4 5 6 7 8 9  
Title 31, Chapter 23, Section 6 (31-23-6)

(a)(1) Upon the request of any approved eye bank in any case in which a patient is in need of an eye for a transplant, a physician performing an autopsy by consent, a coroner, a medical examiner, hospital, or funeral director may provide the eye of a decedent whenever all of the following conditions are met:

(A)(i) A decedent who may provide a suitable eye for the transplant is under the jurisdiction of a coroner or medical examiner and an autopsy is required in accordance with Article 2 of Chapter 16 of Title 45; or

(ii) The physician has been requested, as provided by law, to perform an autopsy on a decedent who may provide a suitable eye for the transplant;

(B) The express written consent to the removal of the eye is given by the next of kin of the decedent; and

(C) The removal of the eye will not interfere with the subsequent course of an investigation or autopsy.

(2) No physician, coroner, medical examiner, hospital, or funeral director authorizing removal of eye tissue nor any eye bank or its personnel requesting or participating in such removal shall be liable or responsible in any civil or criminal action for the removal or subsequent transplant of the tissue, provided that its removal was in accordance with the requirements of this subsection.

(b)(1) Upon a request from an authorized official of an approved eye bank for corneal tissue to be used for transplants or research, a coroner, a medical examiner, hospital, funeral director, or an authorized official acting for the coroner may permit the removal of the corneal tissue of a decedent by individuals designated by the eye bank for delivery to the eye bank for such purposes if all of the following conditions are met:

(A) The decedent from whom the tissue is to be taken is under the jurisdiction of a coroner or medical examiner pursuant to Code Section 45-16-27;

(B) No objection by the decedent during his lifetime or, after his death, by the appropriate person listed in paragraph (2) of this subsection is known to the coroner, medical examiner, or authorized official acting for the coroner at the time the tissue is removed; and

(C) The person designated by the eye bank to remove the tissue is a person authorized to do so under Code Section 31-23-5.

(2) Objection to the removal of corneal tissue may be made known to the coroner, medical examiner, hospital, funeral director, or authorized official acting for the coroner by the decedent during his lifetime or by the following persons after the decedent's death:

(A) The decedent's spouse; (B) If no spouse survives him, any of the decedent's adult children;

(C) If no adult children or spouse survives him, either of the decedent's parents;

(D) If no parents, adult children, or spouse survives him, any of the decedent's brothers or sisters; or

(E) If none of the foregoing survives him, the decedent's next of kin.

(3) No coroner, medical examiner, hospital, funeral director, or authorized official acting for the coroner authorizing the removal of corneal tissue nor any eye bank, its personnel, or other person requesting or participating in the removal of corneal tissue for the eye bank shall be liable in any civil or criminal action for removing corneal tissue from a decedent and using same for transplant or research purposes without obtaining prior consent from any individual listed in paragraph (2) of this subsection if such individual failed to object prior to such removal as authorized in this Code section and the removal was in accordance with this Code section.

Saturday May 23 14:17 EDT


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