32.1-291.14 - Rights and duties of procurement organization and others.
§ 32.1-291.14. Rights and duties of procurement organization and others.
A. When a hospital refers an individual who is dead or whose death isimminent to a procurement organization, the organization shall make areasonable search of the records of the Virginia Department of Motor Vehiclesand any donor registry that it knows exists for the geographical area inwhich the individual resides to ascertain whether the individual has made ananatomical gift.
B. A procurement organization shall be allowed reasonable access toinformation in the records of the Virginia Department of Motor Vehicles toascertain whether an individual who is dead or whose death is imminent is adonor.
C. When a hospital refers an individual who is dead or whose death isimminent to a procurement organization, the organization may conduct anyreasonable examination necessary to ensure the medical suitability of a partthat is or could be the subject of an anatomical gift for transplantation,therapy, research, or education from a donor or a prospective donor. Duringthe examination period, measures necessary to ensure the medical suitabilityof the part may not be withdrawn unless the hospital or procurementorganization knows that the individual expressed a contrary intent.
D. Unless prohibited by law other than this Act, at any time after a donor'sdeath, the person to which a part passes under § 32.1-291.11 may conduct anyreasonable examination necessary to ensure the medical suitability of thebody or part for its intended purpose.
E. Unless prohibited by law other than this Act, 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 a refusal, unlessa procurement organization knows the minor is emancipated, the procurementorganization shall conduct a reasonable search for the parents of the minorand provide the parents with an opportunity to revoke or amend the anatomicalgift or revoke the refusal.
G. Upon referral by a hospital under subsection A, a procurement organizationshall make a reasonable search for any person listed in § 32.1-291.9 havingpriority to make an anatomical gift on behalf of a prospective donor. If aprocurement organization receives information that an anatomical gift to anyother person was made, amended, or revoked, it shall promptly advise theother person of all relevant information.
H. Subject to subsection I of § 32.1-291.11 and § 32.1-291.23, the rights ofthe person to which a part passes under § 32.1-291.11 are superior to therights of all others with respect to the part. The person may accept orreject an anatomical gift in whole or in part. Subject to the terms of thedocument of gift and this Act, a person that accepts an anatomical gift of anentire body may allow embalming, burial or cremation, and use of remains in afuneral service. If the gift is of a part, the person to which the partpasses under § 32.1-291.11, upon the death of the donor and before embalming,burial, or cremation, shall cause the part to be removed without unnecessarymutilation.
I. Neither the physician who attends the decedent at death nor the physicianwho determines the time of the decedent's death may participate in theprocedures for removing or transplanting a part from the decedent.
J. A donated part from the body of a donor may be removed only by a physicianor technician. The physician or technician performing the removal shall bequalified to remove the donated part from the body. For the purposes of thissection, "qualified" means:
1. If the part is an organ, a physician or technician who is authorized bythe appropriate organ procurement organization;
2. If the part is an eye, a physician or technician who is approved by an eyebank as qualified to perform the act of eye recovery; or
3. If the part is tissue, any physician or technician who is approved byLifeNet as qualified to perform the act of tissue recovery.
An organ procurement organization may screen, test, and recover eyes andtissue on behalf of an eye bank or tissue bank. Any person authorized by thissubsection to recover organs, tissues or eyes may draw blood from the donorand order such tests as may be appropriate to protect his health and thehealth of the recipients of the organs, tissues or eyes.
(2007, cc. 92, 907.)