§ 23-18.6.1-14. Rights and duties of procurement organization and others.
(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 department of
motor vehicles 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 Rhode Island Donor Registry 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 assess 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 maintain the potential 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may not be withdrawn unless the hospital or procurement organization knows that the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 otherwise prohibited, at any time after a donor's death, the person to which
a part passes under this chapter may conduct any reasonable examination necessary
to assess the medical suitability of the body or part for its intended purpose.
(e) Unless otherwise prohibited, 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 § 23-18.6.1-9 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 the provisions of this chapter, the rights of the person to which a part
passes under § 23-18.6.1-11 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 as specified in this chapter, 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 § 23-18.6.1-11, 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.