Text of Statute

(A) As used in this section:

(1) "Cornea" or "corneas" includes corneal tissue.

(2) "Eye bank" means a nonprofit corporation that is organized under the laws of this state, the purposes of which include obtaining, storing, and distributing corneas to be used for corneal transplants or other medical or medical research purposes, and that is exempt from federal taxation under subsection 501(c) of the Internal Revenue Code.

(3) "Eye bank official" means a person authorized by the trustees of an eye bank to make requests for corneas to be used for corneal transplants or other medical or medical research purposes.

(4) "Eye technician" means a person authorized by the medical director of an eye bank to remove the corneas of a decedent.

(5) "Internal Revenue Code" means the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as amended.

(B) A county coroner who performs an autopsy, pursuant to section 313.13 of the Revised Code, may remove one or both corneas of the decedent, or a coroner may authorize a deputy coroner, physician or surgeon licensed pursuant to section 4731.14 of the Revised Code, embalmer authorized under section 2108.071 [2108.07.1] of the Revised Code to enucleate eyes, or eye technician to remove one or both corneas of a decedent whose body is the subject of an autopsy performed pursuant to section 313.13 of the Revised Code, if all of the following apply:

(1) The corneas are not necessary for the successful completion of the autopsy or for evidence;

(2) An eye bank official has requested the removal of corneas and certified to the coroner in writing that the corneas will be used only for corneal transplants or other medical or medical research purposes;

(3) The removal of the corneas and gift to the eye bank do not alter a gift made by the decedent or any other person authorized under this chapter to an agency or organization other than the eye bank;

(4) The coroner, at the time he removes or authorizes the removal of the corneas, has no knowledge of an objection to the removal by any of the following:

(a) The decedent, as evidenced in a written document executed during his lifetime;

(b) The decedent's spouse;

(c) If there is no spouse, the decedent's adult children;

(d) If there is no spouse and no adult children, the decedent's parents;

(e) If there is no spouse, no adult children, and no parents, the decedent's brothers or sisters;

(f) If there is no spouse, no adult children, no parents, and no brothers or sisters, the guardian of the person of the decedent at the time of death;

(g) If there is no spouse, no adult children, no parents, no brothers or sisters, no guardian of the person of the decedent at the time of death, any other person authorized or under obligation to dispose of the body.

(C) Any person who acts in good faith under this section and without knowledge of an objection, as described in division (B)(4) of this section, to the removal of corneas is not liable in any civil or criminal action based on the removal.

HISTORY: 138 v H 415 (Eff 3-27-80); 140 v H 239. Eff 3-28-84.