[§327-14]  Rights and duties of procurement
organization and others.  (a)  When a hospital refers an individual at or
near death to a procurement organization, the organization shall make a
reasonable 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 which
the individual resides to ascertain whether the individual has made an
anatomical gift.



(b)  A procurement organization shall be
allowed 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 is
a donor.



(c)  When a hospital refers an individual at or
near death to a procurement organization, the organization may conduct any
reasonable examination necessary to ensure the medical suitability of a body
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.  During
the examination period, measures necessary to ensure the medical suitability of
the body part may not be withdrawn unless the hospital or procurement
organization knows that the individual expressed a contrary intent or the
attending physician has determined that continuing these measures would not be
consistent with generally accepted standards of care for terminally ill
patients.



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



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



(f)  If a donor, at the time of death, is under
eighteen years of age, a procurement organization shall conduct a reasonable
search for the parents of the donor and, unless the procurement organization
knows the donor is an emancipated minor as deemed by section 577-25, provide
the parents with an opportunity to revoke or amend the anatomical gift or
revoke a refusal.



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



(h)  If a procurement organization receives
information that an anatomical gift to any other person was made, amended, or
revoked, 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 are
superior to rights of all others with respect to the body part.  The person may
accept or reject an anatomical gift in whole or in part.  Subject to the terms
of the document of gift and this part, a person that accepts an anatomical gift
of an entire body may allow embalming or cremation and use of remains in a
funeral service.  If the gift is of a body part, the person to which the body
part passes under section 327-11, upon the death of the donor and before
embalming or cremation, shall cause the body part to be removed without
unnecessary mutilation.



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



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