MONTGOMERY — The Alabama House of Representatives passed legislation on Wednesday adding criminal penalties for medical examiners who retain the organs of a deceased person without consent from the next of kin.
House Bill 200 (HB200) by State Rep. Chris England (D-Tuscaloosa) addresses the controversy that arose last year after multiple families complained of their incarcerated loved one's bodies being returned with organs missing.
Several families filed suit earlier this year after allegedly discovering the University of Alabama in Birmingham (UAB) had an agreement with the Alabama Department of Corrections (ADOC) to receive payment for conducting autopsies. Some of the cases date back to 2021.
The families claim the autopsy services agreement has been in place since 2005, and the school is paid $2,200 for each one performed. The suit claims the agreement allows UAB to remove organs and study tissue.
Alabama law currently states that "Unless directed otherwise by the Governor, the Attorney General, a district attorney, or an order of a circuit court judge, a medical examiner performing his or her duties in any county in this state as provided under existing law, including a medical examiner employed by the Department of Forensic Sciences, shall notify the next of kin, through the appropriate law enforcement agency, when retaining a deceased person's entire organ or organs for additional testing that is required to determine identification or the cause or manner of death."
The law currently does not have any penalties for violating the notification. England's bill would make violating the law a Class C felony.
"This wasn't on my bingo card this year," England said. "But there's been some issues that have been coming up where they may be just a flat-out agreement between two entities that one pretends to have the authority to stand in the stead of the next of kin and give that authority to harvest an organ after the autopsy. The law actually creates the responsibility on the medical examiner to notify before they retain the organ. So this just makes sure, we're just letting people know that we're paying attention and the law needs to be followed."
The bill passed the House without any debate, with a vote of 89-1 and 12 abstentions. The Senate will now consider it in committee before it is brought to the floor for a final vote.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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