(a)When a hospital refers an individual at or near death to a procurement organization,
the organization shall make a reasonable search of the records of the department
of revenue and any donor registry that it knows exists for the geographical area in
which the individual resides to ascertain whether the individual has made an
anatomical gift.
(b)A procurement organization must be allowed reasonable access to
information in the records of the department of revenue to ascertain whether an
individual at or near death is a donor.
(c)When a hospital refers an individual at or near death to a procurement
organization, the organization may conduct any reasonable examination necessary
to ensure the medical suitability of a part that is or could be the subject of an
anatomical gif
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(a)
When a hospital refers an individual at or near death to a procurement organization,
the organization shall make a reasonable search of the records of the department
of revenue and any donor registry that it knows exists for the geographical area in
which the individual resides to ascertain whether the individual has made an
anatomical gift.
(b) A procurement organization must be allowed reasonable access to
information in the records of the department of revenue to ascertain whether an
individual at or near death is a donor.
(c) When a hospital refers an individual at or near death to a procurement
organization, the organization may conduct any reasonable examination necessary
to ensure the medical suitability of a part that is or could be the subject of an
anatomical gift for transplantation, therapy, research, or education from a donor or
a prospective donor. During the examination period, measures necessary to ensure
the medical suitability of the part may not be withdrawn unless the hospital or
procurement organization knows that the individual expressed a contrary intent.
(d) Unless prohibited by law other than this part 2, at any time after a donor's
death, the person to which a part passes under section 15-19-211 may conduct any
reasonable examination necessary to ensure the medical suitability of the body or
part for its intended purpose.
(e) Unless prohibited by law other than this part 2, an examination under
subsection (c) or (d) of this section may include an examination of all medical and
dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a refusal, unless
a procurement organization knows the minor is emancipated, the procurement
organization shall conduct a reasonable search for the parents of the minor and
provide the parents with an opportunity to revoke or amend the anatomical gift or
revoke the refusal.
(g) Upon referral by a hospital under subsection (a) of this section, a
procurement organization shall make a reasonable search for any person listed in
section 15-19-209 having priority to make an anatomical gift on behalf of a
prospective donor. If a procurement organization receives information that an
anatomical gift to any other person was made, amended, or revoked, it shall
promptly advise the other person of all relevant information.
(h) Subject to sections 15-19-211 (i) and 15-19-223, the rights of the person to
which a part passes under section 15-19-211 are superior to the rights of all others
with respect to the part. The person may accept or reject an anatomical gift in
whole or in part. Subject to the terms of the document of gift and this part 2, a
person that accepts an anatomical gift of an entire body may allow any form of final
disposition and use of remains in a funeral service. If the gift is of a part, the person
to which the part passes under section 15-19-211, upon the death of the donor and
before final disposition, shall cause the part to be removed without unnecessary
mutilation.
(i) Neither the physician who attends the decedent at death nor the physician
who determines the time of the decedent's death may participate in the procedures
for removing or transplanting a part from the decedent.
(j) A physician or technician may remove a donated part from the body of a
donor that the physician or technician is qualified to remove.