This text of North Dakota § 23-06.6-13 (Rights and duties of procurement organization and others) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.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
transportation 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.
2.A procurement organization must be allowed reasonable access to information in the
records of the department of transportation to ascertain whether an individual at or
near death is a donor.
3.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
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1. 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
transportation 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.
2. A procurement organization must be allowed reasonable access to information in the
records of the department of transportation to ascertain whether an individual at or
near death is a donor.
3. 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of the part may not be withdrawn unless the hospital or procurement organization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 or the measures are contrary to
reasonable medical standards.
4. Unless prohibited by law other than this chapter, at any time after a donor's death, the
person to which a part passes under section 23-06.6-10 may conduct any reasonable
examination necessary to ensure the medical suitability of the body or part for its
intended purpose.
5. Unless prohibited by law other than this chapter, an examination under subsection 3 or
4 may include an examination of all medical and dental records of the donor or
prospective donor.
6. 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.
7. Upon referral by a hospital under subsection 1, a procurement organization shall make
a reasonable search for any person listed in section 23-06.6-08 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.
8. Subject to subsection 9 of section 23-06.6-10 and section 23-06.6-22, the rights of the
person to which a part passes under section 23-06.6-10 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 chapter, a person
that accepts an anatomical gift of an entire body may allow embalming, burial or
cremation, whole-body donation to a school of medicine, and use of remains in a
funeral service. If the gift is of a part, the person to which the part passes under
section 23-06.6-10, upon the death of the donor and before embalming, burial, whole-
body donation to a school of medicine, or cremation, shall cause the part to be
removed without unnecessary mutilation.
9. 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.
10. A physician or technician may remove a donated part from the body of a donor which
the physician or technician is qualified to remove.