[§327-14]  Rights and duties of procurementorganization and others.  (a)  When a hospital refers an individual at ornear death to a procurement organization, the organization shall make areasonable search of any donor registry and records of the state or county department of motor vehicles that it knows exist for the geographical area in whichthe individual resides to ascertain whether the individual has made ananatomical gift.

(b)  A procurement organization shall beallowed reasonable access to information in the records of the state or county department of motor vehicles to ascertain whether an individual at or near death isa donor.

(c)  When a hospital refers an individual at ornear death to a procurement organization, the organization may conduct anyreasonable examination necessary to ensure the medical suitability of a bodypart 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  Duringthe examination period, measures necessary to ensure the medical suitability ofthe body part may not be withdrawn unless the hospital or procurementorganization knows that the individual expressed a contrary intent or theattending physician has determined that continuing these measures would not beconsistent with generally accepted standards of care for terminally illpatients.

(d)  Unless prohibited by law other than thispart, at any time after a donor's death, the person to which a body part passesunder section 327-11 may conduct any reasonable examination necessary to ensurethe medical suitability of the body or body part for its intended purpose.

(e)  Unless prohibited by law other than thispart, an examination under subsection (c) or (d) may include an examination ofall medical records of the donor or prospective donor.

(f)  If a donor, at the time of death, is undereighteen years of age, a procurement organization shall conduct a reasonablesearch for the parents of the donor and, unless the procurement organizationknows the donor is an emancipated minor as deemed by section 577-25, providethe parents with an opportunity to revoke or amend the anatomical gift orrevoke a refusal.

(g)  A procurement organization shall make areasonable search for any person listed in section 327-9 having priority tomake an anatomical gift on behalf of a prospective donor.

(h)  If a procurement organization receivesinformation that an anatomical gift to any other person was made, amended, orrevoked, it shall promptly advise the other person of all relevant information.

(i)  Subject to sections 327-11(h) and 327-23,the rights of the person to which a body part passes under section 327-11 aresuperior to rights of all others with respect to the body part.  The person mayaccept or reject an anatomical gift in whole or in part.  Subject to the termsof the document of gift and this part, a person that accepts an anatomical giftof an entire body may allow embalming or cremation and use of remains in afuneral service.  If the gift is of a body part, the person to which the bodypart passes under section 327-11, upon the death of the donor and beforeembalming or cremation, shall cause the body part to be removed withoutunnecessary mutilation.

(j)  Neither the physician who attends thedecedent at death nor the physician who determines the time of the decedent'sdeath may participate in the procedures for removing or transplanting a bodypart from the decedent.

(k)  A physician or technician may remove adonated body part from the body of a donor that the physician or technician isqualified to remove. [L 2008, c 122, pt of §1]