194.265. Referral to procurement organization, diligent search of donor registry required--reasonable examination of body parts permitted, when--search for minor's parents required, when--attendin
Referral to procurement organization, diligent search of donorregistry required--reasonable examination of body partspermitted, when--search for minor's parents required,when--attending physician shall not procure, when.
194.265. 1. When a hospital refers an individual at or near death toa procurement organization, the organization shall make a reasonable searchof any donor registry and other applicable records that it knows exist forthe geographical area in which the individual resides to ascertain whetherthe individual has made an anatomical gift.
2. A procurement organization must be allowed reasonable access toinformation in the records of the department of health and senior servicesand department of revenue to ascertain whether an individual at or neardeath is a donor.
3. When a hospital refers an individual at or near death to aprocurement organization, the organization may conduct any reasonableexamination necessary to ensure the medical suitability of a part that isor could be the subject of an anatomical gift for transplantation, therapy,research, or education from a donor or a prospective donor. During theexamination period, measures necessary to ensure the medical suitability ofthe part may not be withdrawn unless the hospital or procurementorganization knows a contrary intent had or has been expressed by theindividual or an agent of the individual, or if the individual isincapacitated and he or she has no agent, knows a contrary intent has beenexpressed by any person listed in section 194.245 having priority to makean anatomical gift on behalf of the individual.
4. Unless prohibited by law other than sections 194.210 to 194.294,at any time after a donor's death, the person to which a part passes undersection 194.255 may conduct any reasonable examination necessary to ensurethe medical suitability of the body or part for its intended purpose.
5. Unless prohibited by law other than sections 194.210 to 194.294,an examination under subsection 3 or 4 of this section may include anexamination of all medical 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, theprocurement organization shall conduct a reasonable search for the parentsof the minor and provide the parents with an opportunity to revoke or amendthe anatomical gift or revoke a refusal.
7. Upon referral by a hospital under subsection 1 of this section, aprocurement organization shall make a reasonable search for any personlisted in section 194.245 having priority to make an anatomical gift onbehalf of a prospective donor. If a procurement organization receivesinformation that an anatomical gift to any other person was made, amended,or revoked, it shall promptly advise the other person of all relevantinformation.
8. Subject to subsection 9 of section 194.255 and section 58.785,RSMo, the rights of the person to which a part passes under section 194.255are superior to rights of all others with respect to the part. The personmay accept or reject an anatomical gift in whole or in part. Subject tothe terms of the document of gift and this act*, a person that accepts ananatomical gift of an entire body may allow embalming or cremation and useof remains in a funeral service. If the gift is of a part, the person towhich the part passes under section 194.255, upon the death of the donorand before embalming, burial, or cremation, shall cause the part to beremoved without unnecessary mutilation.
9. Neither the physician who attends the decedent immediately priorto or at death nor the physician who determines the time of the decedent'sdeath may participate in the procedures for removing or transplanting apart from the decedent.
10. No physician who removes or transplants a part from the decedent,or a procurement organization, shall have primary responsibility for thehealth care treatment, or health care decision-making for such individual'sterminal condition during the hospitalization for which the individualbecomes a donor.
11. A physician or technician may remove a donated part from the bodyof a donor that the physician or technician is qualified to remove.
(L. 2008 S.B. 1139)*"This act" (S.B. 1139, 2008) contained numerous sections. Consult Disposition of Sections table for a definitive listing.