142C.8 RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATIONS
AND DONORS.
1. When a hospital refers an individual at or near death to a
procurement organization, the procurement organization shall make a
reasonable search of the records of the state department of
transportation and any donor registry that the hospital knows exists
for the geographical area in which the individual resides to
ascertain whether the individual has made an anatomical gift.
2. A procurement organization shall be allowed reasonable access
to information in the records of the state department of
transportation to ascertain whether an individual at or near death is
a donor.
3. When a hospital refers an individual at or near death to a
procurement organization, the procurement organization may conduct
any reasonable examination necessary to ensure the medical
suitability of 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. During the examination period,
measures necessary to ensure the medical suitability of the part
shall not be withdrawn unless the hospital or procurement
organization knows that the individual expressed a contrary intent.
4. Unless prohibited by law other than this chapter, at any time
after a donor's death, the person to whom a part passes under section
142C.5 may conduct any reasonable examination necessary to ensure the
medical suitability of the body or part for its intended purpose.
5. Unless prohibited by law other than this chapter, an
examination under subsection 3 or 4 may include an examination of all
medical and dental records of the donor or prospective donor.
6. 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 procurement organization shall conduct a reasonable
search for the parents of the minor and provide the parents with an
opportunity to revoke or amend the anatomical gift or revoke the
refusal.
7. Upon referral by a hospital under subsection 1, a procurement
organization shall make a reasonable search for any person listed in
section 142C.4 having priority to make an anatomical gift on behalf
of a prospective donor. If a procurement organization receives
information that an anatomical gift to any other person was made,
amended, or revoked, the procurement organization shall promptly
advise the other person of all relevant information.
8. Subject to section 142C.5, subsection 9, the rights of a
person to whom a part passes under section 142C.5 are superior to the
rights of all other persons with respect to the part.
9. 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
chapter, a person who accepts an anatomical gift of an entire body
may allow embalming, burial or cremation, and use of the remains in a
funeral service. If the gift is of a part, the person to whom the
part passes under section 142C.5, upon the death of the donor and
prior to embalming, burial, or cremation, shall cause the part to be
removed without unnecessary mutilation.
10. The physician who attends the decedent at death and the
physician who determines the time of death shall not participate in
the procedures for removing or transplanting a part from the
decedent.
11. A physician or technician may remove a donated part from the
body of a donor that the physician or technician is qualified to
remove.
142C.8 RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATIONS
AND DONORS.
1. When a hospital refers an individual at or near death to a
procurement organization, the procurement organization shall make a
reasonable search of the records of the state department of
transportation and any donor registry that the hospital knows exists
for the geographical area in which the individual resides to
ascertain whether the individual has made an anatomical gift.
2. A procurement organization shall be allowed reasonable access
to information in the records of the state department of
transportation to ascertain whether an individual at or near death is
a donor.
3. When a hospital refers an individual at or near death to a
procurement organization, the procurement organization may conduct
any reasonable examination necessary to ensure the medical
suitability of 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. During the examination period,
measures necessary to ensure the medical suitability of the part
shall not be withdrawn unless the hospital or procurement
organization knows that the individual expressed a contrary intent.
4. Unless prohibited by law other than this chapter, at any time
after a donor's death, the person to whom a part passes under section
142C.5 may conduct any reasonable examination necessary to ensure the
medical suitability of the body or part for its intended purpose.
5. Unless prohibited by law other than this chapter, an
examination under subsection 3 or 4 may include an examination of all
medical and dental records of the donor or prospective donor.
6. 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 procurement organization shall conduct a reasonable
search for the parents of the minor and provide the parents with an
opportunity to revoke or amend the anatomical gift or revoke the
refusal.
7. Upon referral by a hospital under subsection 1, a procurement
organization shall make a reasonable search for any person listed in
section 142C.4 having priority to make an anatomical gift on behalf
of a prospective donor. If a procurement organization receives
information that an anatomical gift to any other person was made,
amended, or revoked, the procurement organization shall promptly
advise the other person of all relevant information.
8. Subject to section 142C.5, subsection 9, the rights of a
person to whom a part passes under section 142C.5 are superior to the
rights of all other persons with respect to the part.
9. 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
chapter, a person who accepts an anatomical gift of an entire body
may allow embalming, burial or cremation, and use of the remains in a
funeral service. If the gift is of a part, the person to whom the
part passes under section 142C.5, upon the death of the donor and
prior to embalming, burial, or cremation, shall cause the part to be
removed without unnecessary mutilation.
10. The physician who attends the decedent at death and the
physician who determines the time of death shall not participate in
the procedures for removing or transplanting a part from the
decedent.
11. A physician or technician may remove a donated part from the
body of a donor that the physician or technician is qualified to
remove.
142C.8 RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATIONS
AND DONORS.
1. When a hospital refers an individual at or near death to a
procurement organization, the procurement organization shall make a
reasonable search of the records of the state department of
transportation and any donor registry that the hospital knows exists
for the geographical area in which the individual resides to
ascertain whether the individual has made an anatomical gift.
2. A procurement organization shall be allowed reasonable access
to information in the records of the state department of
transportation to ascertain whether an individual at or near death is
a donor.
3. When a hospital refers an individual at or near death to a
procurement organization, the procurement organization may conduct
any reasonable examination necessary to ensure the medical
suitability of 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. During the examination period,
measures necessary to ensure the medical suitability of the part
shall not be withdrawn unless the hospital or procurement
organization knows that the individual expressed a contrary intent.
4. Unless prohibited by law other than this chapter, at any time
after a donor's death, the person to whom a part passes under section
142C.5 may conduct any reasonable examination necessary to ensure the
medical suitability of the body or part for its intended purpose.
5. Unless prohibited by law other than this chapter, an
examination under subsection 3 or 4 may include an examination of all
medical and dental records of the donor or prospective donor.
6. 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 procurement organization shall conduct a reasonable
search for the parents of the minor and provide the parents with an
opportunity to revoke or amend the anatomical gift or revoke the
refusal.
7. Upon referral by a hospital under subsection 1, a procurement
organization shall make a reasonable search for any person listed in
section 142C.4 having priority to make an anatomical gift on behalf
of a prospective donor. If a procurement organization receives
information that an anatomical gift to any other person was made,
amended, or revoked, the procurement organization shall promptly
advise the other person of all relevant information.
8. Subject to section 142C.5, subsection 9, the rights of a
person to whom a part passes under section 142C.5 are superior to the
rights of all other persons with respect to the part.
9. 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
chapter, a person who accepts an anatomical gift of an entire body
may allow embalming, burial or cremation, and use of the remains in a
funeral service. If the gift is of a part, the person to whom the
part passes under section 142C.5, upon the death of the donor and
prior to embalming, burial, or cremation, shall cause the part to be
removed without unnecessary mutilation.
10. The physician who attends the decedent at death and the
physician who determines the time of death shall not participate in
the procedures for removing or transplanting a part from the
decedent.
11. A physician or technician may remove a donated part from the
body of a donor that the physician or technician is qualified to
remove.
