(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 Donor Registry of Nebraska established pursuant to section 71-4822 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 Donor Registry of Nebraska or any donor registry described
in subsection (a) of this section 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 n
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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 Donor Registry of Nebraska established pursuant to section 71-4822 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 Donor Registry of Nebraska or any donor registry described
in subsection (a) of this section 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 determine 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of the part may not be withdrawn unless the hospital or procurement organization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. Measures necessary
to ensure the medical suitability of the part from a prospective donor may
not be administered if it is determined that the administration of those measures
would not provide the prospective donor with appropriate end-of-life care
or it can be anticipated by reasonable medical judgment that such measures
would cause the prospective donor's death other than by the prospective donor's
underlying pathology.
(d) Unless prohibited by law other than
the Revised Uniform Anatomical Gift Act, at any time after a donor's death,
the person to which a part passes under section 71-4834 may conduct any reasonable
examination necessary to determine the medical suitability of the body or
part for its intended purpose.
(e) Unless prohibited by law other than
the act, 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 71-4832 having priority to make or object
to the making of 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 subsection (i) of section 71-4834 and sections 23-1825 to 23-1832 , the rights of the person to which
a part passes under section 71-4834 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 the
act, a person that 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 71-4834 ,
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.