House passes bill to create felony for keeping organs without consent
The Alabama House of Representatives has passed a bill to make it a felony for a medical examiner to retain a dead person’s organs without consent.
The bill comes in response to allegations by families of people who died in the custody of the Alabama Department of Corrections that their loved ones’ remains were returned to them with organs missing after autopsies.
Alabama law already prohibits medical examiners from retaining an organ after an autopsy without consent of the next of kin. The requirement for consent applies if an organ is retained for further testing to determine cause of death or for any other reason, such as research.
HB200, by Rep. Chris England, D-Tuscaloosa, adds a criminal penalty. It says a medical examiner commits a Class C felony if he or she retains a deceased person’s organ or organs without the notification and consent of the next of kin in certain circumstances. A Class C felony is punishable by one to 10 years in prison.
“We’re just letting people know we’re paying attention and the law needs to be followed,” England said.
The families of five men who died in Alabama prisons have sued the prison system and the world-renowned UAB medical center, arguing that the state’s biggest hospital is stealing organs from inmates after conducting autopsies.
A representative from UAB said the institution is “in compliance with laws governing autopsies; our protocols require documented consent under the law, which includes consent for disposition of organs removed within the clinical standard necessary to determine a cause of death.”
HB200 passed by a vote of 89-1. It moves to the Senate.
Read more: Case of Alabama prisoner’s missing heart is dismissed. His heart was never found.
UAB stealing dead Alabama prison inmates’ organs after autopsies, families claim in lawsuit