March 11, 1998 98-R-0406
FROM: Chelsea Turner, Legislative Fellow
RE: Harvesting Corneas in Connecticut
You asked whether the unauthorized harvesting of corneas is legal in Connecticut.
SUMMARY
Yes, the unauthorized harvesting of corneas is legal in Connecticut. CGS § 19a-281 (enclosed) addresses the removal of corneal tissue during autopsy. Under this statute, the medical examiner does not need to obtain the consent of a family member prior to removing the corneas. However, if there is a known objection by the decedent's next of kin, or the decedent is a known member of a religious group that opposes tissue removal, the corneas are left intact.
LEGISLATIVE HISTORY
In 1979, PA 79-278 was passed to address the removal of corneal tissue during autopsy. Under this act, which became CGS § 19-139m, a medical examiner was required to obtain permission from a family member in order to remove the corneas
In 1982, PA 82-260, repealed CGS § 19-139m and instead provided that the medical examiner did not need to obtain the consent of a family member prior to removing the corneas (see CGS § 19a-281. However, if there is a known objection by the decedent's next of kin, or the decedent is a known member of a religious group that opposes tissue removal, the corneas are left intact. According to Michael Rinehart, President and CEO of the Connecticut Eye Bank and Visual Research Foundation, the law changed in 1982 due to the significant drop in available corneas for transplantation. (The relevant public acts and statutes are attached.)
BACKGROUND INFORMATION
According to the Eye Bank Association of America, approximately 40,000 cornea transplants are performed in the United States each year. The procedure has about a 95% success rate. This is because there are no blood vessels in the cornea which considerably reduces the rejection rate.
For cornea transplants, there is no substitute for human tissue. Virtually anyone can be a donor regardless of age, sex, race, and even poor eyesight.
CT:pa
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