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HB 454

HUMAN REMAINS: Enacts the Gracey Claire Rushing Act which provides for the chain of custody for human remains and internal organs (OR INCREASE LF EX See Note)

2026 Regular Session Introduced by Rhonda Butler

Requires a mandatory chain-of-custody protocol for autopsies with organ retention, including 48-hour kin notification and 10-year public records retention.

Reported by substitute (14-0).
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WeVote Research Nonpartisan
Bill Summary · HB 454

Summary of HB 454 (2026) – Gracey Claire Rushing Act (Louisiana)

Purpose and intent

  • Establishes a mandatory chain-of-custody protocol for the handling, examination, and return of human remains and internal organs during autopsies and forensic investigations in Louisiana.
  • Named the “Gracey Claire Rushing Act” in memory of a child whose death prompted safeguards improvements.
  • Aims to ensure transparency, accountability, and respect for the deceased and their families by preventing discrepancies, unauthorized retention, or mishandling of remains.

Key provisions and changes

  • New law added: Adds R.S. 25:960, creating the Gracey Claire Rushing Act.
  • Definitions (scope and terms used in the act):
    • Autopsy, chain-of-custody report, coroner, decedent, forensic pathologist, funeral home, major organs (e.g., heart, lungs, brain, kidneys, liver, stomach, bladder), viscera bag.

  • Mandatory chain-of-custody protocol for autopsies with organ examination/retention:

    • Coroner’s duties:
    • Conduct a preliminary examination and maintain a comprehensive log documenting:
      • Date/time of receipt, state of remains, injuries/conditions/anomalies, and, when appropriate, photos.
    • Pathologist’s duties:
    • Perform the autopsy and document procedures, including:
      • Any biopsies or samples, list of major organs removed, organ placement in a viscera bag, and documentation of contents.
      • If any organ is retained for further analysis, provide justification, expected retention duration, and notify next of kin.
    • Post-autopsy handling:
    • Pathologist returns the body to the funeral home or designated recipient.
    • The viscera bag with retained organs (not lawfully retained for testing) is placed back in the abdominal cavity.
    • A chain-of-custody report accompanies the transfer, verifying all major organs are accounted for and listing their status (present or lawfully retained).
    • Funeral home responsibilities:
    • Remove the viscera bag, inventory contents, verify with the pathologist, report discrepancies to be resolved, and update the chain-of-custody report.
    • Provide a copy of the updated report to the next of kin upon request.

  • Notification to next of kin:

    • Coroner or pathologist must notify the decedent’s next of kin or legal representative within 48 hours of any organ retention, including reason, expected return timeline, and contact information.
    • Upon request, next of kin may receive a copy of the chain-of-custody report and autopsy findings, subject to legal restrictions.

  • Record retention and public access:

    • Coroner’s office must maintain all chain-of-custody reports and inventories as public records for at least 10 years.

  • Enforcement and penalties:

    • Violations can trigger disciplinary action, including fines up to $5,000 per violation, suspension of licensure, or referral to the Louisiana State Board of Medical Examiners or other authorities.

  • Regulatory implementation:

    • Louisiana Department of Health must promulgate rules under the Administrative Procedure Act.
    • Rules to include standardized forms for chain-of-custody reports and organ inventories.

Effective date

  • The act becomes effective January 1, 2027.

Who is affected

  • Coroners and parish medical examiner offices.
  • Forensic pathologists and licensed funeral establishments.
  • Next of kin and legal representatives of decedents.
  • Louisiana Department of Health (regulatory implementation).
  • Public records offices for retention of the reports.

Procedural/timeline notes

  • Effective date: January 1, 2027.
  • Requires regulatory rulemaking by the Louisiana Department of Health.
  • Establishes a 48-hour notification window to next of kin for organ retention decisions.
  • 10-year public record retention for chain-of-custody reports.

If you’d like, I can provide a side-by-side comparison with current Louisiana law to highlight what changes the bill introduces.

Compiled from official sources — confirm details with the bill’s official record.

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