Ga. Comp. R. & Regs. 111-8-28-.08

Current through Rules and Regulations filed through December 24, 2024

Rule 111-8-28-.08 - Consent Requirements in Coroner or Medical Examiner Cases

(1) In any case in which a donor is having an autopsy performed, the following consent requirements shall be met prior to enucleation:

(a) 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 O.C.G.A. § 45-16-20et seq.; or 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) For corneal excision the following consent requirements shall be met:

(a) The decedent from whom the tissue is to be taken is under the jurisdiction of a coroner or medical examiner pursuant to O.C.G.A. § 45-16-25;

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

(c) The person designated by the eye bank to remove the tissue is a person authorized to do so under O.C.G.A. § 31-23-5.

(d) 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:

1. The decedent's spouse;

2. f no spouse survives him, any of the decedent's adult children;

3. If no adult children or spouse survive him, either of the decedent's parents;

4. If no parents, adult children, or spouse survive him, any of the decedent's brothers or sisters; or

5. If none of the foregoing survive him, the decedent's next of kin.

Ga. Comp. R. & Regs. R. 111-8-28-.08

O.C.G.A. §§ 31-2-4et seq. and 31-23-1 et seq.

Original Rule entitled "Consent Requirements in Coroner or Medical Examiner Cases" adopted. F. Feb. 20, 2013; eff. Mar. 12, 2013.