CHAPTER 368i*
ANATOMICAL DONATIONS

      Sec. 19a-270. (Formerly Sec. 19-139). Bodies for anatomical purposes. The first selectman of any town, the mayor of any city, the administrative head of any state correctional institution or the superintendent or person in charge of any almshouse, asylum, hospital, morgue or other public institution which is supported, in whole or in part, at public expense, having in his possession or control the dead body of any person which, if not claimed as hereinafter provided, would have to be buried at public expense, or at the expense of any such institution, shall, immediately upon the death of such person, notify his relatives thereof, if known, and, if such relatives are not known, shall notify the person or persons bringing or committing him to such institution. Such official shall, within twenty-four hours from the time such body came into his possession or control, give notice thereof to the Department of Public Health and shall deliver such body to The University of Connecticut, the Yale University School of Medicine or the University of Bridgeport College of Chiropractic or its successor institution, as said department may direct and in accordance with an agreement to be made among said universities in such manner as is directed by said department and at the expense of the university receiving the body, if The University of Connecticut, Yale University, or the University of Bridgeport College of Chiropractic or its successor institution, at any time within one year, has given notice to any of such officials that such bodies would be needed for the purposes specified in section 19a-270b; provided any such body shall not have been claimed by a relative, either by blood or marriage, or a legal representative of such deceased person prior to delivery to any of said universities. The university receiving such body shall not embalm such body for a period of at least forty-eight hours after death, and any relative, either by blood or marriage, or a legal representative of such deceased person may claim such body during said period. If any such body is not disposed of in either manner herein specified, it may be cremated or buried. When any person has in his possession or control the dead body of any person which would have to be buried at public expense or at the expense of any such institution, he shall, within forty-eight hours after such body has come into his possession or control, file, with the registrar of the town within which such death occurred, a certificate of death as provided in section 7-62b, unless such certificate has been filed by a funeral director. Before any such body is removed to any of said universities, the official or person contemplating such removal shall secure a burial transit removal permit which shall be delivered with the body to the official in charge of such university, who shall make return of such burial transit removal permit in the manner provided in section 7-72.

      (1949 Rev., S. 4214; 1953, 1955, S. 2143d; 1963, P.A. 642, S. 18; 1967, P.A. 53; 1969, P.A. 699, S. 24; P.A. 77-614, S. 323, 610; P.A. 85-613, S. 52, 154; P.A. 92-11; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 04-255, S. 18.)

      History: 1963 act deleted sheriff, jailer and master of workhouse from list of officers required to notify relatives of death of person who may require burial at public expense; 1967 act added exception re bodies removed to universities under provisions of Sec. 7-70; 1969 act deleted county coroners, State Prison warden and state jail administrator from list of officers required to notify relatives of person's death and added to the list administrative heads of state correctional institutions; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-139 transferred to Sec. 19a-270 in 1983; P.A. 85-613 made technical change, substituting reference to Sec. 7-62b for reference to Sec. 7-62; P.A. 92-11 added the University of Bridgeport College of Chiropractic to list of institutions to which the section applies; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 04-255 replaced references to "burial or transit permit" with referenceS to "burial transit removal permit" and deleted provision re no requirement to return body to town after removal to a university.

      See Sec. 19a-91 re transportation of bodies of deceased persons.

      Cited. 194 C. 635.

      Sec. 19a-270a. (Formerly Sec. 19a-283). Disposition of remains of bodies. The professors and teachers in the institutions designated in section 19a-270 shall dispose of the remains of all bodies, received in accordance with the provisions of this chapter, in a manner consistent with public propriety and as directed by the Department of Public Health, after the same have answered the purposes of study. Said department shall keep a record of the name, sex and last residence, if known, of each person whose body is so received.

      (1949 Rev., S. 4216; 1953, S. 2145d; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

      History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-141 transferred to Sec. 19a-283 in 1983; Sec. 19a-283 transferred to Sec. 19a-270a in 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

      Annotation to former section 19a-283:

      Cited. 194 C. 635.

      Sec. 19a-270b. (Formerly Sec. 19a-284). Bodies to be used for medical study. Such bodies shall be used for the purposes of medical and surgical study only, in a manner consistent with public propriety, and in this state only.

      (1949 Rev., S. 4217.)

      History: Sec. 19-142 transferred to Sec. 19a-284 in 1983; Sec. 19a-284 transferred to Sec. 19a-270b in 1993.

      Annotation to former section 19a-284:

      Cited. 194 C. 635.

      Secs. 19a-271 to 19a-279. Donation of bodies for anatomical purposes: Generally. Sections 19a-271 to 19a-279, inclusive, are repealed.

      (1961, P.A. 268; 1969, P.A. 425, S. 1-9; P.A. 77-143, S. 1, 2; 77-614, S. 323, 610; P.A. 79-47, S. 5; 79-556; 79-631, S. 102, 111; P.A. 80-190, S. 7; P.A. 86-88; P.A. 88-318, S. 14, 15.)

      Sec. 19a-279a. Anatomical gifts: Definitions. As used in sections 19a-279a to 19a-279l, inclusive:

      (1) "Anatomical gift" means a donation of all or part of a human body to take effect upon or after death.

      (2) "Decedent" means a deceased person and includes a stillborn infant or fetus.

      (3) "Document of gift" means an organ and tissue donor card, inclusion in a donor registry, a statement attached to or imprinted on a motor vehicle operator's or chauffeur's license, an indication on a signed motor vehicle operator's license application or renewal form, a will or other writing used to make an anatomical gift.

      (4) "Donor" means a person who makes an anatomical gift of all or part of his or her body.

      (5) "Hospital" means a hospital licensed under chapter 368v or licensed, accredited or approved as a hospital under the law of any state or a facility operated as a hospital by the United States government, a state or a subdivision of a state.

      (6) "Donor registry" means an electronic database developed and maintained by any procurement organization to identify donors.

      (7) "Part" means an organ, tissue, eye, bone, artery, blood, fluid or other portion of a human body.

      (8) "Person" means an individual, corporation, limited liability company, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency or any other legal or commercial entity.

      (9) "Physician" or "surgeon" means a person licensed to practice medicine and surgery under chapter 370 or the law of any other state.

      (10) "Procurement organization" means a person licensed, accredited or approved under federal law or the laws of any state as a nonprofit organ and tissue procurement organization for procurement, distribution or storage of human bodies or parts.

      (11) "State" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

      (12) "Technician" means a technician of an organ or tissue procurement organization which meets the requirements of the American Association of Tissue Banks or the Eyebank Association of America.

      (P.A. 88-318, S. 1, 15; P.A. 95-79, S. 60, 189; P.A. 99-102, S. 19; P.A. 04-122, S. 3.)

      History: P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 99-102 amended Subdiv. (8) by deleting obsolete reference to chapter 371 and osteopathy; P.A. 04-122 redefined "document of gift" in Subdiv. (3) to include inclusion in a donor registry and an indication on a license application or renewal form, added new Subdiv. (6) defining "donor registry", redesignated existing Subdivs. (6) to (11) as new Subdivs, (7) to (12), respectively, and made technical and conforming changes in Subdivs. (3), (4) and (10).

      Sec. 19a-279b. Making, amending, revoking and refusing to make an anatomical gift by an individual. (a) A person who is at least eighteen years of age may (1) make an anatomical gift for any of the purposes stated in subsection (a) of section 19a-279f, (2) limit an anatomical gift to one or more of such purposes, or (3) refuse to make an anatomical gift.

      (b) An anatomical gift may be made by a document of gift signed by the donor. If the donor cannot sign, the document of gift shall be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and state that it has been so signed. In the absence of a revocation or amendment of any document of gift, health care providers licensed in this state and procurement organizations shall act in accordance with the donor's intention and may take appropriate actions to effect the anatomical gift.

      (c) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's license, the document of gift shall comply with subsection (b) of this section. Revocation, suspension, expiration or cancellation of the license shall not invalidate the anatomical gift.

      (d) A document of gift may designate a particular physician or surgeon to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician or surgeon to carry out the appropriate procedure.

      (e) An anatomical gift by will shall take effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

      (f) A donor may amend or revoke an anatomical gift, not made by will, by: (1) A signed statement, (2) the delivery of a signed statement to a procurement organization or a specified donee to whom a document of gift had been delivered, or (3) any form of communication during a terminal illness or injury addressed to a physician.

      (g) The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills, or as provided in subsection (f) of this section.

      (h) An anatomical gift that is not revoked by the donor before death is irrevocable and shall not require the consent or concurrence of any person after the death of the donor.

      (i) A person may refuse to make an anatomical gift of such person's body or part by (1) a writing signed in the same manner as a document of gift, or (2) any other writing used to identify the person as refusing to make an anatomical gift. During a terminal illness or injury, the refusal may be an oral statement or other form of communication addressed to a physician.

      (j) In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under section 19a-279c or on a removal or release of other parts under section 19a-279d.

      (k) In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to subsection (i) of this section.

      (P.A. 88-318, S. 2, 15; P.A. 98-172, S. 1, 4; P.A. 04-122, S. 4.)

      History: P.A. 98-172 amended Subsec. (f) by deleting Subdivs. (2) and (3) re revocation by oral statement made in front of two persons or any form of communication during a terminal illness or injury addressed to a physician or surgeon and renumbered former Subdiv. (4) accordingly; P.A. 04-122 amended Subsec. (b) by adding provision re what actions may be taken to effect anatomical gift when there is no revocation or amendment of such gift, amended Subsec. (f) by deleting "only", adding "a procurement organization" in Subdiv. (2) and adding Subdiv. (3) re communication to physician and amended Subsec. (i) by deleting former Subdiv. (2) re statement on motor vehicle license, redesignating existing Subdiv. (3) re other writing as new Subdiv. (2), specifying communication must be to a physician and making technical changes.

      Sec. 19a-279c. Classes of persons who may make an anatomical gift of all or a part of decedent's body. (a) Any member of the following classes of persons, in the order of priority listed, may make an anatomical gift of all or a part of the decedent's body for an authorized purpose, unless the decedent, before or at the time of death, has made an unrevoked refusal to make that anatomical gift: (1) The spouse of the decedent; (2) a person designated by the decedent pursuant to section 1-56r; (3) an adult son or daughter of the decedent; (4) either parent of the decedent; (5) an adult brother or sister of the decedent; (6) a grandparent of the decedent; (7) a guardian of the person of the decedent at the time of death; (8) any person legally authorized to make health care decisions for the decedent prior to death, including, but not limited to, a health care representative appointed under section 19a-576; and (9) a conservator of the person, as defined in section 45a-644.

      (b) An anatomical gift may not be made by a person listed in subsection (a) of this section if: (1) A person in a prior class is available at the time of death to make an anatomical gift; (2) the person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or (3) the person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the person's class or prior class.

      (c) An anatomical gift by a person authorized under subsection (a) of this section shall be made by (1) a document of gift signed by the person or (2) the person's telegraphic, recorded telephonic or other recorded message, or other form of communication from the person that is contemporaneously reduced to writing and signed by the recipient.

      (d) An anatomical gift by a person authorized under subsection (a) of this section may be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, surgeon or technician removing the part knows of the revocation.

      (e) A failure to make an anatomical gift under subsection (a) of this section is not an objection to the making of an anatomical gift.

      (P.A. 88-318, S. 3, 15; P.A. 99-120, S. 1; P.A. 02-105, S. 5; P.A. 06-195, S. 62.)

      History: P.A. 99-120 amended Subsec. (a) by adding Subdiv. (7) re legally authorized persons and Subdiv. (8) re conservator of the person; P.A. 02-105 amended Subsec. (a) by adding a new Subdiv. (2) authorizing a person designated by the decedent pursuant to Sec. 1-56r to make an anatomical gift and renumbered Subdivs. (3) to (8) as Subdivs. (4) to (9); P.A. 06-195 amended Subsec. (a)(8) by substituting "health care representative" for "health care agent".

      Sec. 19a-279d. Role of Chief Medical Examiner. The Chief Medical Examiner shall serve as a facilitator for tissue harvesting and organ procurement within the constraints imposed by his official investigative responsibilities.

      (P.A. 88-318, S. 4, 15.)

      Sec. 19a-279e. Discussion and request re anatomical gift; search and notification re document of gift or evidence of refusal. (a) If, at or near the time of death of a patient, there is no document of gift or other record that the patient has made or refused to make an anatomical gift, the hospital administrator or a representative designated by the administrator shall discuss the option to make or refuse to make an anatomical gift and request the making of an anatomical gift pursuant to subsection (a) of section 19a-279c. The request shall be made with reasonable discretion and sensitivity to the circumstances of the family. A request is not required if the gift is not suitable, based upon accepted medical standards, for a purpose specified in section 19a-279f. An entry shall be made in the medical record of the patient stating the name and affiliation of the person making the request, and the name, response and relationship to the patient of the person to whom the request was made.

      (b) The following persons shall make a reasonable search for a document of gift or other information identifying the bearer as a donor or as a person who has refused to make an anatomical gift: (1) A law enforcement officer, fireman, paramedic or other emergency rescuer finding a person who the searcher believes is dead or near death; (2) a hospital, upon the admission of a person at or near the time of death, if there is not immediately available any other source of that information; and (3) a procurement organization.

      (c) If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by subdivision (1) of subsection (b) of this section, and the person or body to whom it relates is taken to a hospital, the hospital shall be notified of the contents and the document or other evidence shall be sent to the hospital.

      (d) If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made pursuant to subsection (b) of section 19a-279b and subsection (a) of section 19a-279c or a release and removal of a part has been permitted pursuant to section 19a-279d, or that a patient or a person identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital; if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part.

      (e) A person who fails to discharge the duties imposed by this section shall not be subject to criminal or civil liability but shall be subject to appropriate administrative sanctions.

      (P.A. 88-318, S. 5, 15; P.A. 99-120, S. 2; P.A. 04-122, S. 5.)

      History: P.A. 99-120 deleted former Subsec. (a) requiring the questioning of patients re organ donor status upon admission and relettered remaining Subsecs.; P.A. 04-122 amended Subsec. (a) by replacing "medical record" with "document of gift or other record", amended Subsec. (b) by adding Subdiv. (3) re procurement organization, and amended Subsec. (d) by adding reference to Sec. 19a-279b(b).

      Sec. 19a-279f. Persons who may become donees; purposes for which anatomical gifts may be made. (a) The following persons may become donees of anatomical gifts for the purposes stated: (1) A hospital, physician, surgeon or procurement organization, for transplantation, therapy, medical or dental education, research, or advancement of medical or dental science; (2) an accredited medical or dental school, college or university for education, research, advancement of medical or dental science; or (3) a designated person for transplantation or therapy needed by that individual.

      (b) An anatomical gift may be made to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, the anatomical gift may be accepted by any hospital.

      (c) If the donee knows of the decedent's refusal or contrary indications to make an anatomical gift or that an anatomical gift by a member of a class having priority to act is opposed by a member of the same class or a prior class under subsection (a) of section 19a-279c, the donee may not accept the anatomical gift.

      (P.A. 88-318, S. 6, 15.)

      Sec. 19a-279g. Delivery of document of gift. (a) Delivery of a document of gift during the donor's lifetime is not required for the validity of an anatomical gift.

      (b) If an anatomical gift is made to a designated donee, the document of gift, or a copy, may be delivered to the donee to expedite the appropriate procedures after death. The document of gift, or a copy, may be deposited in any hospital, procurement organization or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of an interested person, upon or after the donor's death, the person in possession shall allow the interested person to examine or copy the document of gift.

      (P.A. 88-318, S. 7, 15.)

      Sec. 19a-279h. Rights and duties at death. (a) Rights of a donee created by an anatomical gift are superior to rights of others except with respect to autopsies under subsection (b) of section 19a-279j. A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire body, the donee, subject to the terms of the gift, may allow embalming and use of the body in funeral services. If the gift is of a part of a body, the donee, upon the death of the donor and before embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body shall vest in the person under obligation to dispose of the body.

      (b) The time of death shall be determined by two physicians who attend the donor at death or, if none, the physicians who certify the death. Without limiting any other method of determining death, a donor may be pronounced dead if two physicians determine, in accordance with the usual and customary standards of medical practice, that the donor has suffered a total and irreversible cessation of all brain function. A total and irreversible cessation of all brain function shall mean that the heart and lungs of the donor cannot function, and are not functioning, without artificial supportive measures. Neither the physicians who attend the donor at death nor the physicians who determine the time of death may participate in the procedures for removing or transplanting a part unless the document of gift designates a particular physician or surgeon pursuant to subsection (d) of section 19a-279b.

      (P.A. 88-318, S. 8, 15.)

      Sec. 19a-279i. Coordination of procurement and use. Each hospital in this state, after consultation with other hospitals and procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.

      (P.A. 88-318, S. 9, 15.)

      Sec. 19a-279j. Examination, autopsy, liability. (a) An anatomical gift shall authorize any reasonable examination necessary to assure medical acceptability of the gift for the purposes intended, including, but not limited to, serological and compatibility testing. Notwithstanding any provision of the general statutes, a procurement organization may access and review the medical record of the potential donor for purposes of assessing donor suitability.

      (b) The provisions of sections 19a-279a to 19a-279l, inclusive, shall be subject to the laws of this state governing autopsies.

      (c) A hospital, physician, surgeon, medical examiner or other person, who acts in accordance with sections 19a-279a to 19a-279l, inclusive, or with the applicable anatomical gift law of another state or attempts in good faith to do so shall not be liable for that act in a civil action or criminal proceeding. Following a signed statement by a donor or the donor card of a donor pursuant to section 14-42 shall be prima facie evidence of a good faith attempt to conform to the donor's intent.

      (d) A person who makes an anatomical gift pursuant to section 19a-279b or 19a-279c and the person's estate shall not be liable for any injury or damage that may result from the making or the use of the anatomical gift.

      (P.A. 88-318, S. 10, 15; P.A. 98-172, S. 2, 4; P.A. 04-122, S. 6.)

      History: P.A. 98-172 amended Subsec. (c) providing that following a signed statement by a donor or the donor card of a donor is prima facie evidence of a good faith attempt to conform to donor's intent; P.A. 04-122 amended Subsec. (a) by specifically authorizing serological and compatibility testing, and allowing access and review of medical records of donor by procurement organization.

      Sec. 19a-279k. Transitional provision. Sections 19a-279a to 19a-279l, inclusive, shall apply to a document of gift, revocation or refusal to make an anatomical gift signed by the donor or a person authorized to make or object to making an anatomical gift before, on or after July 1, 1988.

      (P.A. 88-318, S. 11, 15.)

      Sec. 19a-279l. Regulations. The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, for purposes of sections 19a-279a to 19a-279k, inclusive.

      (P.A. 88-318, S. 12, 15; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

      History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

      Sec. 19a-280. (Formerly Sec. 19-139l). Sale of blood, tissue and organs. The implied warranties of merchantability and fitness shall not be applicable to a contract for the sale of human blood, blood plasma, or other human tissue or organs from a blood bank or reservoir of such other tissues or organs. Such blood, blood plasma, and the components, derivatives or fractions thereof, or tissue or organs shall not be considered commodities subject to sale or barter, but shall be considered as medical services.

      (1971, P.A. 397.)

      History: Sec. 19-139l transferred to Sec. 19a-280 in 1983.

      Cited. 194 C. 635. Section is not limited to any particular type of transaction. It precludes "... a claim based on strict liability in tort arising out of the transfer of blood". 204 C. 399.

      Sec. 19a-280a. Prohibition against transfer for valuable consideration of any human organ for use in human transplantation. Penalty. (a) For the purposes of this section:

      (1) "Human organ" means human kidney, liver, heart, lung, pancreas, eye, bone, skin, fetal tissue or any other human organ or tissue, but does not include hair or blood, blood components including plasma, blood derivatives, or blood reagents.

      (2) "Valuable consideration" does not include (A) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services; (B) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the organ; or (C) reimbursement of expenses of travel, housing and lost wages incurred by the donor of a human organ in connection with the donation of the organ.

      (b) No person shall knowingly acquire, receive or otherwise transfer for valuable consideration any human organ for use in human transplantation.

      (c) Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.

      (P.A. 88-318, S. 13, 15.)

      Sec. 19a-281. (Formerly Sec. 19-139m). Removal of corneal or pituitary tissue during autopsy. Authorization. (a) Where an autopsy, authorized pursuant to section 19a-406, is to be performed at the Office of the Chief Medical Examiner and the official responsible for conducting the autopsy has reason to believe, (1) that the pituitary or corneal tissue would be beneficial to the health of a living person and (2) that such tissue could be removed without any resulting disfigurement to the body or interference with the subsequent course of the investigation or autopsy, such official shall, if no objection by the decedent's next of kin is known at the time of autopsy and the decedent was not a known member of a religious group with a public position in opposition to tissue removal, remove such deceased person's corneal or pituitary tissue and deposit it in the appropriate bank or storage facility.

      (b) Any medical examiner or other authorized official, who acts in good faith and in accordance with the provisions of subsection (a) of this section with respect to the corneal or pituitary tissue of a decedent, shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act.

      (P.A. 79-278; P.A. 82-260; P.A. 05-288, S. 76.)

      History: P.A. 82-260 replaced requirement that an official performing an autopsy request the permission of person authorized to make anatomical donations before removing tissue with provision allowing removal if next of kin not known to object and if religious opposition is not a factor and added Subsec. (b) protecting official who acts in good faith from civil or criminal liability; Sec. 19-139m transferred to Sec. 19a-281 in 1983; P.A. 05-288 made a technical change in Subsec. (b), effective July 13, 2005.

      Cited. 194 C. 635.

      Sec. 19a-282. (Formerly Sec. 19-140). When the delivery of bodies is prohibited. No notice shall be given, and no body delivered, under the provisions of section 19a-270, in the case of a person dying of Asiatic cholera, yellow fever, scarlet fever, typhus fever, smallpox, diphtheria, membranous croup or measles; nor shall the body of any person known to any such officer to have relatives, either by blood or marriage, be delivered without their consent; nor shall the body of any person detained on civil process or for trial for any criminal offense, or of any traveler or stranger other than a tramp or vagrant, or of a person who is known to have expressed a desire that his body should be buried, be so delivered. The body of any person so delivered, if subsequently claimed by any relative or friend for burial, shall be given up to him for that purpose.

      (1949 Rev., S. 4215; 1953, S. 2144d.)

      History: Sec. 19-140 transferred to Sec. 19a-282 in 1983.

      Cited. 194 C. 635.

      Secs. 19a-283 and 19a-284. Transferred to Secs. 19a-270a and 19a-270b, respectively.

      Sec. 19a-285. (Formerly Sec. 19-142a). Consent by minor to medical, dental, health or hospital services for child. (a) Any minor who has been married or who has borne a child may give effective consent to medical, dental, health and hospital services for his or her child.

      (b) Any such minor who has given effective consent as provided in subsection (a) of this section shall be legally liable for any fees, costs or expenses incurred as a result of the rendering of any such service.

      (1971, P.A. 304, S. 1-3; P.A. 73-616, S. 16.)

      History: P.A. 73-616 deleted Subsec. (a) re consent of minors eighteen or older for medical, dental, health and hospital services and for organ transplants and relettered remaining Subsecs. accordingly; Sec. 19-142a transferred to Sec. 19a-285 in 1983.

      Sec. 19a-285a. Donation of blood by minors. Any person who is seventeen years of age or older shall have the legal capacity, without written authorization of his or her parent or guardian, to donate blood or any component thereof and to consent to the withdrawal of blood from his or her body, in conjunction with any voluntary blood donation program.

      (P.A. 83-294.)

      Sec. 19a-286. (Formerly Sec. 19-143). Autopsy consent. Autopsy arrangements, rights and responsibilities. Informed autopsy consent form. (a) Whenever any person dies and no postmortem examination or autopsy has been ordered pursuant to subsection (b) of section 19a-406, no physician shall conduct or assist in conducting any postmortem examination or autopsy upon the body of such deceased person without first obtaining the consent of whichever one of the following persons, eighteen years of age or older, assumes custody of the body for the purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, friend, a person designated by the deceased person in accordance with section 45a-318 or any person charged by law with the responsibility for burial. If two or more persons assume custody of the body, consent of one of them shall be deemed sufficient. Prior to January 1, 2002, any such consent may be in writing or may be given by telegram, and any telegram purporting to have been sent by a person authorized to give such consent shall be conclusively presumed to have been sent by such person, or may be given by telephone, provided a record of any such consent by telephone shall be kept by such physician for not less than three years. On and after January 1, 2002, such consent shall be made pursuant to subsection (c) of this section, provided such consent may be communicated in person, by telephone, electronically, by mail or by courier. If the physician who is to conduct or assist in conducting any postmortem examination or autopsy, after due inquiry and diligence, is unable to find any person authorized to give consent as provided for in this subsection, such postmortem examination or autopsy may be made by such physician without such consent but only after a reasonable time, which shall not be less than twelve hours nor more than forty-eight hours, has elapsed. Any person violating any provision of this subsection or subsection (b) of this section shall be fined not more than five hundred dollars.

      (b) Any person authorized to consent to an autopsy under subsection (a) of this section may make arrangements for an autopsy to be performed at any institution that routinely performs autopsies by any physician who is qualified to perform autopsies at such institution. The person requesting the autopsy shall be responsible for arranging for the autopsy and any necessary associated services and for the payment of any costs incurred. Information concerning the rights and responsibilities under this subsection shall be contained in the institution's patient bill of rights and shall be included in all written material that describes the institution's autopsy policy. A copy of the institution's patient bill of rights containing such information shall be given to the person who assumes custody of the body of the deceased person prior to the signing of an autopsy consent form by the person who assumes such custody. The institution shall provide such information in writing in a language understood by the person who assumes custody of the body of the deceased person.

      (c) Not later than January 1, 2002, the Commissioner of Public Health, in consultation with the Chief Medical Examiner, shall develop minimum requirements for an informed autopsy consent form that: (1) Includes clear information naming the institution and department that will perform the autopsy; (2) provides the family member or other person who assumes custody of the body of the deceased person as provided in subsection (a) of this section with an opportunity to place any restrictions or limitations on the autopsy or to express any concerns that such family member or other person may have; and (3) provides for documented and witnessed consent. Such minimum requirements shall include procedures for the oral communication of the information required by subdivisions (1) to (3), inclusive, of this subsection, including communication by telephone, as provided in subsection (a) of this section, and shall include procedures for the written or telephonic acknowledgment of receipt of an institution's patient bill of rights containing its autopsy policy. Such minimum requirements shall not be deemed to be regulations, as defined in section 4-166.

      (1949 Rev., S. 4219; 1953, S. 2147d; 1969, P.A. 699, S. 25; 1971, P.A. 426; P.A. 99-72; P.A. 01-122.)

      History: 1969 act replaced reference to deaths "not caused by, or ... the result of, the criminal act, omission or negligence of another" with reference to deaths where "no postmortem examination or autopsy has been ordered ..."; 1971 act replaced "written" consent with consent "in writing" and allowed consent by telephone, provided that record of telephone consent be kept by physician for at least three years; Sec. 19-143 transferred to Sec. 19a-286 in 1983; P.A. 99-72 designated existing provisions as Subsec. (a) and added new Subsec. (b) re autopsy by nonaffiliated physician; P.A. 01-122 amended Subsec. (a) by adding provision re person designated in accordance with Sec. 45a-318, adding provision re consent in accordance with Subsec. (c) and making technical changes, amended Subsec. (b) by replacing provisions re autopsy performance or attendance by a nonaffiliated physician with provisions re autopsy arrangements, rights, responsibilities and information, and added new Subsec. (c) re informed autopsy consent form.

      Statute not applicable to autopsy of stillborn nonviable fetus with a gestational age of nineteen weeks. 46 CS 204.

      Sec. 19a-287. (Formerly Sec. 19-144). Penalty. Any selectman, or mayor, the Chief Medical Examiner or deputy medical examiner or an assistant medical examiner, or the administrative head of any state correctional institution, or the superintendent or person in charge of any almshouse, asylum, hospital, morgue or other public institution which is supported, in whole or in part, at public expense, who delivers a corpse, for the purposes of medical and surgical study, to any person in violation of any provision of this chapter, or any person who violates any provision of this chapter for which no other penalty is prescribed, or any person knowing that the deceased had relatives, either by blood or marriage, who desired to give the body a decent burial, or to whom the deceased had expressed a desire that his body should be buried, who wilfully neglects or refuses to give information thereof to the persons in charge of such body, having reasonable opportunity for so doing and having knowledge of the fact that such body may be delivered for medical or surgical purposes, shall be fined not more than five hundred dollars.

      (1949 Rev., S. 4220; 1963, P.A. 642, S. 19; 1969, P.A. 425, S. 10; 699, S. 26.)

      History: 1963 act deleted obsolete references to delivery by sheriff or jailer, substituting state jail administrator; 1969 acts deleted coroners, added chief, deputy and assistant medical examiners and replaced state jail administrator with administrative heads of state correctional institutions and replaced masters of almshouses, asylums, hospitals, etc. with superintendents or persons in charge of such facilities as persons subject to fine; Sec. 19-144 transferred to Sec. 19a-287 in 1983.

      Sec. 19a-288. (Formerly Sec. 19-145). Delivering or receiving corpse for speculation; penalty. Any person who delivers or receives a corpse for the purpose of speculation or pecuniary profit shall be fined not more than one thousand dollars and imprisoned not more than one year.

      (1949 Rev., S. 4221.)

      History: Sec. 19-145 transferred to Sec. 19a-288 in 1983.

      Secs. 19a-289 to 19a-294. Reserved for future use.