§ 35-5-213 — 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 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 shall be allowed reasonable
access to information in the records of the department 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suitability of the part may not be withdrawn unless the hospital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 act, at any
time after a donor's death, the person to whom a part passes
under W.S. 35-5-211 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 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 W.S. 35-5-209 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 W.S. 35-5-211(j) and 35-5-223, the rights
of the person to whom a part passes under W.S. 35-5-211 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
act, 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 whom
the part passes under W.S. 35-5-211, upon the death of the donor
and before embalming, burial or cremation, shall cause the part
to be removed without unnecessary mutilation.
(j) 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.
(k) A physician or technician may remove a donated part
from the body of a donor that the physician or technician is
qualified to remove.