§ 4222. Removal of corneal tissue for transplant and pituitary gland tissue for the extraction of growth hormone. 1. Upon request from a general hospital or medical center for corneal tissue for transplant or pituitary gland tissue for extraction of growth hormone, the coroner or medical examiner may then request or authorize an agent to request from the authorized person under the conditions established in subdivision two of section forty-three hundred one of this chapter, the authorization, which may be oral or written according to law, to perform the removal. Upon receiving such authorization, the coroner or medical examiner shall authorize the supply of such corneal tissue or pituitary gland tissue upon the following conditions:

Terms Used In N.Y. Public Health Law 4222

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

a. The body of the decedent is under the jurisdiction of the coroner or medical examiner authorizing the removal of the corneal tissue or pituitary gland tissue.

b. Such removal does not conflict with decedent's religious or other views.

c. The removal of the cornea for transplant or the pituitary gland for extraction of growth hormone will not interfere with the subsequent course of an investigation or autopsy.

d. The removal of the corneal tissue or the pituitary gland tissue will not alter the post mortem facial appearance of the decedent.

2. The coroner or medical examiner authorizing the removal of corneal tissue or the pituitary gland tissue pursuant to the provisions of this section shall not be held liable in a civil action for damages by any person specified by subdivision two of section forty-three hundred one of this chapter, for such removal where after the exercise of due diligence such coroner or medical examiner obtained authorization from any person specified by subdivision two of section forty-three hundred one of this chapter.

3. Except where an anatomical gift has previously been requested or authorized, upon the request of a tissue bank or storage facility as defined in section forty-three hundred of this chapter, the coroner or medical examiner may then provide the name of the decedent under his jurisdiction and the name of the decedent's spouse or other persons authorized to execute an anatomical gift in accordance with the provisions of section forty-three hundred one of this chapter.

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