§ 23-18.6.1-14 - Rights and duties of procurement organization and others.
SECTION 23-18.6.1-14
§ 23-18.6.1-14 Rights and duties ofprocurement organization and others. – (a) When a hospital refers an individual at or near death to a procurementorganization, the organization shall make a reasonable search of the records ofthe department of motor vehicles and any donor registry that it knows existsfor the geographical area in which the individual resides to ascertain whetherthe individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonableaccess to information in the records of the Rhode Island Donor Registry toascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death toa procurement organization, the organization may conduct any reasonableexamination necessary to assess the medical suitability of a part that is orcould 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 During theexamination period, measures necessary to maintain the potential medicalsuitability of the part may not be withdrawn unless the hospital or procurementorganization knows that the individual expressed a contrary intent.
(d) Unless otherwise prohibited, at any time after a donor'sdeath, the person to which a part passes under this chapter may conduct anyreasonable examination necessary to assess the medical suitability of the bodyor part for its intended purpose.
(e) Unless otherwise prohibited, an examination undersubsection (c) or (d) may include an examination of all medical and dentalrecords of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed arefusal, unless a procurement organization knows the minor is emancipated, theprocurement organization shall conduct a reasonable search for the parents ofthe minor and provide the parents with an opportunity to revoke or amend theanatomical gift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a), aprocurement organization shall make a reasonable search for any person listedin § 23-18.6.1-9 having priority to make an anatomical gift on behalf of aprospective donor. If a procurement organization receives information that ananatomical gift to any other person was made, amended, or revoked, it shallpromptly advise the other person of all relevant information.
(h) Subject to the provisions of this chapter, the rights ofthe person to which a part passes under § 23-18.6.1-11 are superior to therights of all others with respect to the part. The person may accept or rejectan anatomical gift in whole or in part. Subject to the terms of the document ofgift as specified in this chapter, a person that accepts an anatomical gift ofan entire body may allow embalming, burial or cremation, and use of remains ina funeral service. If the gift is of a part, the person to which the partpasses under § 23-18.6.1-11, upon the death of the donor and beforeembalming, burial, or cremation, shall cause the part to be removed withoutunnecessary mutilation.
(i) Neither the physician who attends the decedent at deathnor the physician who determines the time of the decedent's death mayparticipate in the procedures for removing or transplanting a part from thedecedent.
(j) A physician or technician may remove a donated part fromthe body of a donor that the physician or technician is qualified to remove.