State Codes and Statutes

Statutes > Nebraska > Chapter71 > 71-4837

71-4837. Rights and duties of procurementorganization and others.(a) When a hospital refers an individual at or near deathto a procurement organization, the organization shall make a reasonable searchof the records of the Donor Registry of Nebraska established pursuant to section 71-4822 and any donor registry that it knows exists for the geographical areain which the individual resides to ascertain whether the individual has madean anatomical gift.(b)A procurement organization must be allowed reasonable access to informationin the records of the Donor Registry of Nebraska or any donor registry describedin subsection (a) of this section to ascertain whether an individual at ornear death is a donor.(c) When a hospital refers an individualat or near death to a procurement organization, the organization may conductany reasonable examination necessary to determine the medical suitabilityof 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. Duringthe examination period, measures necessary to ensure the medical suitabilityof the part may not be withdrawn unless the hospital or procurement organizationknows that the individual expressed a contrary intent. Measures necessaryto ensure the medical suitability of the part from a prospective donor maynot be administered if it is determined that the administration of those measureswould not provide the prospective donor with appropriate end-of-life careor it can be anticipated by reasonable medical judgment that such measureswould cause the prospective donor's death other than by the prospective donor'sunderlying pathology.(d) Unless prohibited by law other thanthe Revised Uniform Anatomical Gift Act, at any time after a donor's death,the person to which a part passes under section 71-4834 may conduct any reasonableexamination necessary to determine the medical suitability of the body orpart for its intended purpose.(e) Unless prohibited by law other thanthe act, an examination under subsection (c) or (d) of this section may includean examination of all medical and dental records of the donor or prospectivedonor.(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 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) of this section, a procurement organization shall make a reasonable searchfor any person listed in section 71-4832 having priority to make or objectto the making of 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 the otherperson of all relevant information.(h) Subject to subsection (i) of section 71-4834 and sections 23-1825 to 23-1832, the rights of the person to whicha part passes under section 71-4834 are superior to the rights of all otherswith respect to the part. The person may accept or reject an anatomical giftin whole or in part. Subject to the terms of the document of gift and theact, a person that accepts an anatomical gift of an entire body may allowembalming, burial or cremation, and use of remains in a funeral service. Ifthe gift is of a part, the person to which the part passes under section 71-4834,upon the death of the donor and before embalming, burial, or cremation, shallcause the part to be removed without unnecessary mutilation.(i)Neither the physician who attends the decedent at death nor the physicianwho determines the time of the decedent's death may participate in the proceduresfor removing or transplanting a part from the decedent.(j)A physician or technician may remove a donated part from the body of a donorthat the physician or technician is qualified to remove. SourceLaws 2010, LB1036, § 14.Operative Date: January 1, 2011