§ 5241 - Required requests; search and notification
§ 5241. Required requests; search and notification
(a) If, at or near the time of death of a patient, there is no medical record that the patient has made or refused to make an anatomical gift, the hospital administrator or a representative designated by the administrator shall discuss with those persons specified in section 5240 of this title the option to make or refuse to make an anatomical gift and request the making of an anatomical gift pursuant to section 5240. The request shall be made with reasonable discretion and sensitivity to the circumstances of the family. A request is not required if the gift is not suitable, based upon accepted medical standards, for a purpose specified in section 5242 of this title. An entry shall be made in the medical record of the patient, stating the name and affiliation of the individual making the request, and of the name, response and relationship to the patient of the person to whom the request was made. The secretary of human services shall establish guidelines to implement this subsection.
(b) For the purpose of determining whether an individual is a donor or has refused to make an anatomical gift, the following persons shall make a reasonable effort to inspect an individual's motor vehicle operator's license and to determine whether the individual has an organ donor card in his or her possession:
(1) A law enforcement officer, fireman, paramedic or other emergency rescuer finding an individual who the rescuer believes is dead or near death.
(2) A designated representative of the hospital, upon the admission of an individual at or near the time of death, if no other source of that information is immediately available.
(c) If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by subdivision (b)(1) of this section, and the individual or body to whom it relates is taken to a hospital, the hospital shall be notified of the contents and the document or other evidence shall be sent to the hospital.
(d) If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made pursuant to section 5240 of this title, or that a patient or an individual identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital; if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the anatomical gift. (Added 1989, No. 273 (Adj. Sess.), § 4, eff. June 21, 1990.)