§ 29-2-16.1-13 — Organ or tissue donor queries for hospital patients

Indiana § 29-2-16.1-13

• Jurisdiction: Indiana
• Art. 2: MISCELLANEOUS PROVISIONS
• Ch. 16.1: Revised Uniform Anatomical Gift Act

Text

(a) As used in this section:
(1) "Administrator" means a hospital administrator or a hospital
administrator's designee.
(2) "Gift" means a gift of all or any part of the human body made
under this chapter.
(3) "Representative" means a person who is:
(A) authorized under section 8 of this chapter to make a gift on
behalf of a decedent; and
(B) available at the time of the decedent's death when members
of a prior class under section 8 of this chapter are unavailable.
(b) An administrator of each hospital or the administrator's designee
may ask each patient who is at least eighteen (18) years of age if the
patient is an organ or a tissue donor or if the patient desires to become
an organ or a tissue donor.
(c) The governing board of each hospital shall adopt procedures to
determine under what circumstances an administrator or an
administrator's designee may ask a patient if the patient is an organ or
a tissue donor or if the patient desires to become an organ or a tissue
donor.
(d) The administrator shall inform the representative of the
procedures available under this chapter for making a gift whenever:
(1) an individual dies in a hospital;
(2) the hospital has not been notified that a gift has been
authorized under section 4 of this chapter; and
(3) a procurement organization determines that the individual's
body may be suitable of yielding a gift.
(e) If:
(1) an individual makes an anatomical gift on the individual's
driver's license or identification card under IC 9-24-17; and
(2) the individual dies in a hospital;
the person in possession of the individual's driver's license or
identification card shall immediately produce the driver's license or
identification card for examination upon request, as provided in section
10(l) of this chapter.
(f) A gift made in response to information provided under this
section must be signed by the donor or made by the donor's telegraphic,
recorded telephonic, or other recorded message.
(g) When a representative is informed under this section about the
procedures available for making a gift, the fact that the representative
was so informed must be noted in the decedent's medical record.
(h) A person who fails to discharge the duties imposed by this
section is not subject to civil liability but may be subject to criminal
liability or administrative sanctions.

Legislative History

As added by P.L.147-2007, SEC.12. Amended by P.L.1-2010, SEC.114.