SENATE BILL NO. 127
AN ACT TO AMEND CHAPTER 47, TITLE 29, DELAWARE CODE, RELATING TO CORNEAL. TRANSPLANTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Chapter 47, Title 29, Delaware Code, is hereby amended by striking §4711 thereof, and by substituting in lieu thereof the following:
"§4711. Authority to Provide Corneas to Eye Banks
(a) Upon request of an approved eye bank on behalf of a patient In need of corneal tissue for a transplant, a Medical Examiner is authorized to provide the cornea under the following conditions;
(1) a decendent who may provide a suitable cornea for transplant is under the jurisdiction of the Medical Examiner;
(2) an autopsy will be required;
(3) no objection by the decendent or next of-kin is known by the Medical Examiner prior to the removal of the cornea by a representative of an approved eye bank; and
(4) removal of the cornea for transplant will not interfere with the subsequent course of a post, mortem examination or alter the post- mortem facial appearance.
(b) For the purposes of this section, the following terms shall have the following meanings:
(1) 'approved eye bank'. includes the Medical Eye Bank of Delaware and the Eye Foundation of Delaware Valley;
(2) 'Next of kin' means:
a. a spouse;
b. if no spouse, the decedents adult children;
c. if no spouse or adult children, the decedents parents;
d. if no spouse, adult children or parents, the person who is legally entitled to claim the decedent's remains for final disposition.
(3) The Medical F.xaminer or an approved eye bank while acting in compliance with this section, shall not be liable to the next of kin of a decedent, whose corneal tissue is removed and donated pursuant to this section, for any civil damages."
Approved June 28, 1985.