This text of Indiana § 29-2-16.1-15 (Hospital referrals to procurement organizations; record searches;
examination of medical suitability; rights of person to whom a part
passes) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(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:
(1)the bureau of motor vehicles;
(2)the equivalent agency to the bureau of motor vehicles in
another state;
(3)the Indiana donor registry; and
(4)any other registry that the organization 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 bureau of motor vehicles 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
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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:
(1) the bureau of motor vehicles;
(2) the equivalent agency to the bureau of motor vehicles in
another state;
(3) the Indiana donor registry; and
(4) any other registry that the organization 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 bureau of motor vehicles 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to ensure the medical suitability of the part may not be withdrawn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 chapter, at any time
after a donor's death, the person to whom a part passes under section 10
of this chapter 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 chapter, an examination
under subsection (c) or (d) 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), a procurement
organization shall make a reasonable search for any person listed in
section 8 of this chapter 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 section 10(i) of this chapter, IC 36-2-14-21, and IC 36-2-14-22.6, the rights of the person to whom a part passes under
section 10 of this chapter are superior to the rights of all others with
respect to the part, including a part from a person whose death within
a hospital is under investigation by a coroner. 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 chapter, a person who accepts an
anatomical gift of an entire body may allow embalming, burial or
cremation, and use of remains in a funeral service. If the gift is of a
part, the person to which the part passes under section 10 of this
chapter, upon the death of the donor and before embalming, burial, or
cremation, 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.