§ 5-25 — Notification; authorization

(a) Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. (b) Hospitals shall proceed in accordance with the applicable requirements of 42 CFR 482.45 or any successor provisions of federal statute or regulation, as may be amended from time to time, with regard to collaboration with procurement organizations to facilitate organ, tissue, and eye donation. In making a request for organ or tissue donation, the hospital or the hospital's federally designated organ procurement organization or tissue bank shall request any of the persons, in the order of priority stated in items (1) through (11) below, when persons in prior classes are not available and in the absence of (i) actual notice of contrary intentions by the decedent, (ii) actual notice of opposition by any member within the same priority class, and (iii) reason to believe that an anatomical gift is contrary to the decedent's religious beliefs, to authorize the gift of all or any part of the decedent's body for any purpose specified in Section 5-12: (1) an individual acting as the decedent's agent under a power of attorney for health care; (2) the guardian of the person of the decedent; (3) the spouse or civil union partner of the decedent; (4) an adult child of the decedent; (5) a parent of the decedent; (6) an adult sibling of the decedent; (7) an adult grandchild of the decedent; (8) a grandparent of the decedent; (9) a close friend of the decedent; (10) the guardian of the estate of the decedent; and (11) any other person authorized or under legal obligation to dispose of the body. (c) (Blank). (d) (Blank).

Legislative History

(Source: P.A. 98-172, eff. 1-1-14.)