CHAPTER 360

FORMERLY

SENATE BILL NO. 8

AN ACT TO AMEND TITLE 16, CHAPTER 27, SUBCHAPTER II OF THE DELAWARE CODE RELATING TO THE POSTHUMOUS REMOVAL OF EYES FROM EYE DONORS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 2713(d), Subchapter II, Chapter 27, Title 16 of the Delaware Code by striking it in its entirety and substituting in lieu thereof the following:

"(d) Notwithstanding §2716(b) of this Title, the donor may designate in his will, card or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donor or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose or, in the case of a gift of eyes, he may employ or authorize an undertaker licensed by the State or a qualified eye bank technician on the staff of the Medical Eye Bank of Delaware or the Lion's Eye Bank of Delaware Valley who has successfully completed a course in eye enucleation approved by the Medical Examiner of the State to enucleate eyes for the gift after certification of death by a physician. A qualified undertaker or eye bank technician acting in accordance with this subsection shall be free from civil and criminal liability with respect to the eye enucleation."

Approved July 16, 1990.