HUMAN REMAINS: Enacts the Gracey Claire Rushing Act to provide for documentation, notification, and communication in the handling and disposition of human remains and internal organs (EN NO IMPACT See Note)

2026 Regular Session Introduced by Roy Adams and 63 co-sponsors

The bill requires formal notification, certification, and public record-keeping for organ retention in autopsies, enhancing family access and oversight.

Effective date: 01/01/2027.

Purpose and intent

HB 1253 enacts the Gracey Claire Rushing Act to strengthen documentation, notification, and communication in the handling and disposition of human remains and internal organs. The bill is named in memory of a child whose death highlighted the need for improved safeguards. It adds an audit and transparency framework to ensure respect for the deceased and to prevent discrepancies, unauthorized retention, or mishandling of remains.

Key provisions and changes

Scope and applicability

Applies to autopsies and forensic investigations in Louisiana where internal organs are removed.
Applies to federal, state, and local governments and their subdivisions, including law enforcement acting within statutory authority; existing exemptions for these entities are retained but subject to the new documentation/notification requirements.

Documentation and certification requirements

Forensic pathologists or designated experts must:
Notify the next of kin when remaining organs are retained for further testing (unless it is a private autopsy).
Notify the coroner within 24 hours if an organ is retained or sent to a forensic lab.
Complete a written certification stating whether all organic tissues are returned to the body or identifying retained items.
Sign and date the certification.
Provide the certification to the coroner and to the entity receiving the body.
Ensure the certification accompanies the body upon release.

Next of kin notification and access

Coroners must notify the next of kin or legal representative in writing within 48 hours of receiving notice of organ retention.
The notice must include the reason for retention, the duration of retention, the expected return time for the organ, and contact information for inquiries.
Upon written request, next of kin have the right to access the written certification in addition to the autopsy records, subject to applicable privacy or legal restrictions.

Public record and records retention

All written certifications must be maintained as a public record by the coroner’s office for a minimum of 10 years.

Rules and enforcement

Louisiana Department of Health (LDH) must promulgate implementing rules under the Administrative Procedure Act, including standardized forms for the certification and kin notification.
Violations related to documentation, notification, or use of standardized forms constitute a violation of the act.
The Attorney General has primary authority to administer, investigate, and enforce the provisions.
Administrative fines can be up to $5,000 per violation, with potential injunctive relief or other civil remedies.

Potential impact

Increased transparency and accountability in handling of remains and organs.

Improved communication with families during the autopsy/forensic process.

Creation of formal record-keeping with a 10-year public retention period.

Establishment of regulatory standards and enforcement mechanisms to ensure compliance.

Bill

HUMAN REMAINS: Enacts the Gracey Claire Rushing Act to provide for documentation, notification, and communication in the handling and disposition of human remains and internal organs (EN NO IMPACT See Note)

Summary of HB 1253 (2026) – Gracey Claire Rushing Act (Louisiana)

Purpose and intent

Key provisions and changes

Effective date

Potential impact

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