§2354.4. Duties of hospital administrator; training; coordination
A. As used in this Section:
(1) "Administrator" means the chief operating officer of a hospital.
(2) "Death" shall have the meaning provided in R.S. 9:111.
(3) "Hospital" means any institution, place, building, or agency, public or private, whether for profit or not, devoted primarily to the maintenance and operation of facilities for ten or more individuals for the diagnosis, treatment, or care of persons admitted for overnight stay or longer who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate. The term "hospital" does not include the following:
(a) Physicians' offices or clinics where patients are not regularly kept as bed patients for twenty-four hours or more;
(b) Nursing homes as defined by and regulated under the provisions of R.S. 40:2009.1 through R.S. 40:2009.12;
(c) Persons, schools, institutions, or organizations engaged in the care and treatment of mentally retarded children and which are required to be licensed by the provisions of R.S. 28:421 through R.S. 28:427; or
(4) "Suitable candidate" means a patient who is certified by the attending physician, at or immediately before the time of death, to be a suitable donor for any organ or tissue donation based on accepted medical standards, and who has been released by the coroner in those instances required by law.
B. When death occurs in a hospital, to a person determined to be a suitable candidate for organ or tissue donation based on accepted medical standards, the hospital administrator or designated representative shall request the appropriate person described in Subsection H of this Section to consent to the gift of any part of the decedent's body as an anatomical gift.
C. No request shall be required, pursuant to this Section, when the requesting person has actual notice of contrary intention by the decedent or those persons described in Subsection H of this Section according to the priority stated therein, or reason to believe that an anatomical gift is contrary to the decedent's religious beliefs.
D.(1) A nonprofit organ or tissue bank or the Louisiana-designated organ procurement organization shall notify said hospital administrator in writing that any donation can be properly obtained and fully utilized in a manner consistent with accepted medical standards. Such notice shall provide that the nonprofit organ or tissue bank or the Louisiana-designated organ procurement organization will be responsible for all costs and charges of the hospital relating to obtaining the donated organ or tissue. The time within which the notice is to be effective shall be specified.
(2) Requests under this Section shall be limited to nonprofit organ or tissue banks or the Louisiana-designated organ procurement organization.
E. Upon approval of the proper individual specified in Subsection H of this Section, the hospital administrator or designated representative shall notify an appropriate organ or tissue bank, or the Louisiana-designated organ procurement organization and cooperate in the procurement of the anatomical gift.
F. When a request is made, pursuant to Subsection B of this Section, the person making the request shall complete a certificate of request for an anatomical gift, on a form to be supplied by the secretary of the Department of Health and Hospitals. The certificate shall include the following:
(1) A statement indicating that a request for an anatomical gift was made.
(2) The name and affiliation of the person making the request.
(3) An indication of whether consent was granted and, if so, what organs and tissues were donated.
(4) The name of the person granting or refusing the request, and his relationship to the decedent.
G. A copy of the certificate described in Subsection F of this Section shall be included in the decedent's medical records.
H. The following persons shall be requested to consent to a gift, in the order of priority stated:
(1) The spouse if one survives; if not,
(2) An adult son or daughter,
(3) Either parent,
(4) An adult brother or sister,
(5) The curator or tutor of the person of the decedent at the time of his death,
(6) Any other person authorized or under obligation to dispose of his body.
I. When a donation is requested, consent or refusal need only be obtained from the person in the highest priority class available after best efforts have been exercised to contact those persons in a higher priority class. If there is more than one person within an above named class, then the consent to the donation shall be made by all members of that class reasonably available for consultation.
J. The secretary of the Department of Health and Hospitals shall:
(1) Establish rules concerning the procedures to be employed in making the request.
(2) Recognize by rule the Louisiana-designated organ procurement organization as the organ procurement organization providing statewide organ donation and retrieval services.
(3) Compile and disseminate a list of those nonprofit organ or tissue banks that, in addition to the Louisiana-designated organ procurement organization shall be authorized to receive donations under this Section.
(4) Establish rules to implement appropriate procedures to facilitate proper coordination among hospitals, organ and tissue banks, and the Louisiana-designated organ procurement organization.
K.(1) Neither the physician, administrator, surgeon, technician, hospital, organ and tissue bank, Louisiana-designated organ procurement organization, nor the donee, who acts in good faith to comply with this Section shall be liable in any civil action to a claimant who alleges that his consent for the donation was required.
(2) The provisions of R.S. 17:2354.1(B), R.S. 17:2354.2(B), R.S. 17:2354.3(B)(1) and (2) and R.S. 9:2797 are applicable to this Section.
§2354.4. Duties of hospital administrator; training; coordination
A. As used in this Section:
(1) "Administrator" means the chief operating officer of a hospital.
(2) "Death" shall have the meaning provided in R.S. 9:111.
(3) "Hospital" means any institution, place, building, or agency, public or private, whether for profit or not, devoted primarily to the maintenance and operation of facilities for ten or more individuals for the diagnosis, treatment, or care of persons admitted for overnight stay or longer who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate. The term "hospital" does not include the following:
(a) Physicians' offices or clinics where patients are not regularly kept as bed patients for twenty-four hours or more;
(b) Nursing homes as defined by and regulated under the provisions of R.S. 40:2009.1 through R.S. 40:2009.12;
(c) Persons, schools, institutions, or organizations engaged in the care and treatment of mentally retarded children and which are required to be licensed by the provisions of R.S. 28:421 through R.S. 28:427; or
(4) "Suitable candidate" means a patient who is certified by the attending physician, at or immediately before the time of death, to be a suitable donor for any organ or tissue donation based on accepted medical standards, and who has been released by the coroner in those instances required by law.
B. When death occurs in a hospital, to a person determined to be a suitable candidate for organ or tissue donation based on accepted medical standards, the hospital administrator or designated representative shall request the appropriate person described in Subsection H of this Section to consent to the gift of any part of the decedent's body as an anatomical gift.
C. No request shall be required, pursuant to this Section, when the requesting person has actual notice of contrary intention by the decedent or those persons described in Subsection H of this Section according to the priority stated therein, or reason to believe that an anatomical gift is contrary to the decedent's religious beliefs.
D.(1) A nonprofit organ or tissue bank or the Louisiana-designated organ procurement organization shall notify said hospital administrator in writing that any donation can be properly obtained and fully utilized in a manner consistent with accepted medical standards. Such notice shall provide that the nonprofit organ or tissue bank or the Louisiana-designated organ procurement organization will be responsible for all costs and charges of the hospital relating to obtaining the donated organ or tissue. The time within which the notice is to be effective shall be specified.
(2) Requests under this Section shall be limited to nonprofit organ or tissue banks or the Louisiana-designated organ procurement organization.
E. Upon approval of the proper individual specified in Subsection H of this Section, the hospital administrator or designated representative shall notify an appropriate organ or tissue bank, or the Louisiana-designated organ procurement organization and cooperate in the procurement of the anatomical gift.
F. When a request is made, pursuant to Subsection B of this Section, the person making the request shall complete a certificate of request for an anatomical gift, on a form to be supplied by the secretary of the Department of Health and Hospitals. The certificate shall include the following:
(1) A statement indicating that a request for an anatomical gift was made.
(2) The name and affiliation of the person making the request.
(3) An indication of whether consent was granted and, if so, what organs and tissues were donated.
(4) The name of the person granting or refusing the request, and his relationship to the decedent.
G. A copy of the certificate described in Subsection F of this Section shall be included in the decedent's medical records.
H. The following persons shall be requested to consent to a gift, in the order of priority stated:
(1) The spouse if one survives; if not,
(2) An adult son or daughter,
(3) Either parent,
(4) An adult brother or sister,
(5) The curator or tutor of the person of the decedent at the time of his death,
(6) Any other person authorized or under obligation to dispose of his body.
I. When a donation is requested, consent or refusal need only be obtained from the person in the highest priority class available after best efforts have been exercised to contact those persons in a higher priority class. If there is more than one person within an above named class, then the consent to the donation shall be made by all members of that class reasonably available for consultation.
J. The secretary of the Department of Health and Hospitals shall:
(1) Establish rules concerning the procedures to be employed in making the request.
(2) Recognize by rule the Louisiana-designated organ procurement organization as the organ procurement organization providing statewide organ donation and retrieval services.
(3) Compile and disseminate a list of those nonprofit organ or tissue banks that, in addition to the Louisiana-designated organ procurement organization shall be authorized to receive donations under this Section.
(4) Establish rules to implement appropriate procedures to facilitate proper coordination among hospitals, organ and tissue banks, and the Louisiana-designated organ procurement organization.
K.(1) Neither the physician, administrator, surgeon, technician, hospital, organ and tissue bank, Louisiana-designated organ procurement organization, nor the donee, who acts in good faith to comply with this Section shall be liable in any civil action to a claimant who alleges that his consent for the donation was required.
(2) The provisions of R.S. 17:2354.1(B), R.S. 17:2354.2(B), R.S. 17:2354.3(B)(1) and (2) and R.S. 9:2797 are applicable to this Section.
§2354.4. Duties of hospital administrator; training; coordination
A. As used in this Section:
(1) "Administrator" means the chief operating officer of a hospital.
(2) "Death" shall have the meaning provided in R.S. 9:111.
(3) "Hospital" means any institution, place, building, or agency, public or private, whether for profit or not, devoted primarily to the maintenance and operation of facilities for ten or more individuals for the diagnosis, treatment, or care of persons admitted for overnight stay or longer who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate. The term "hospital" does not include the following:
(a) Physicians' offices or clinics where patients are not regularly kept as bed patients for twenty-four hours or more;
(b) Nursing homes as defined by and regulated under the provisions of R.S. 40:2009.1 through R.S. 40:2009.12;
(c) Persons, schools, institutions, or organizations engaged in the care and treatment of mentally retarded children and which are required to be licensed by the provisions of R.S. 28:421 through R.S. 28:427; or
(4) "Suitable candidate" means a patient who is certified by the attending physician, at or immediately before the time of death, to be a suitable donor for any organ or tissue donation based on accepted medical standards, and who has been released by the coroner in those instances required by law.
B. When death occurs in a hospital, to a person determined to be a suitable candidate for organ or tissue donation based on accepted medical standards, the hospital administrator or designated representative shall request the appropriate person described in Subsection H of this Section to consent to the gift of any part of the decedent's body as an anatomical gift.
C. No request shall be required, pursuant to this Section, when the requesting person has actual notice of contrary intention by the decedent or those persons described in Subsection H of this Section according to the priority stated therein, or reason to believe that an anatomical gift is contrary to the decedent's religious beliefs.
D.(1) A nonprofit organ or tissue bank or the Louisiana-designated organ procurement organization shall notify said hospital administrator in writing that any donation can be properly obtained and fully utilized in a manner consistent with accepted medical standards. Such notice shall provide that the nonprofit organ or tissue bank or the Louisiana-designated organ procurement organization will be responsible for all costs and charges of the hospital relating to obtaining the donated organ or tissue. The time within which the notice is to be effective shall be specified.
(2) Requests under this Section shall be limited to nonprofit organ or tissue banks or the Louisiana-designated organ procurement organization.
E. Upon approval of the proper individual specified in Subsection H of this Section, the hospital administrator or designated representative shall notify an appropriate organ or tissue bank, or the Louisiana-designated organ procurement organization and cooperate in the procurement of the anatomical gift.
F. When a request is made, pursuant to Subsection B of this Section, the person making the request shall complete a certificate of request for an anatomical gift, on a form to be supplied by the secretary of the Department of Health and Hospitals. The certificate shall include the following:
(1) A statement indicating that a request for an anatomical gift was made.
(2) The name and affiliation of the person making the request.
(3) An indication of whether consent was granted and, if so, what organs and tissues were donated.
(4) The name of the person granting or refusing the request, and his relationship to the decedent.
G. A copy of the certificate described in Subsection F of this Section shall be included in the decedent's medical records.
H. The following persons shall be requested to consent to a gift, in the order of priority stated:
(1) The spouse if one survives; if not,
(2) An adult son or daughter,
(3) Either parent,
(4) An adult brother or sister,
(5) The curator or tutor of the person of the decedent at the time of his death,
(6) Any other person authorized or under obligation to dispose of his body.
I. When a donation is requested, consent or refusal need only be obtained from the person in the highest priority class available after best efforts have been exercised to contact those persons in a higher priority class. If there is more than one person within an above named class, then the consent to the donation shall be made by all members of that class reasonably available for consultation.
J. The secretary of the Department of Health and Hospitals shall:
(1) Establish rules concerning the procedures to be employed in making the request.
(2) Recognize by rule the Louisiana-designated organ procurement organization as the organ procurement organization providing statewide organ donation and retrieval services.
(3) Compile and disseminate a list of those nonprofit organ or tissue banks that, in addition to the Louisiana-designated organ procurement organization shall be authorized to receive donations under this Section.
(4) Establish rules to implement appropriate procedures to facilitate proper coordination among hospitals, organ and tissue banks, and the Louisiana-designated organ procurement organization.
K.(1) Neither the physician, administrator, surgeon, technician, hospital, organ and tissue bank, Louisiana-designated organ procurement organization, nor the donee, who acts in good faith to comply with this Section shall be liable in any civil action to a claimant who alleges that his consent for the donation was required.
(2) The provisions of R.S. 17:2354.1(B), R.S. 17:2354.2(B), R.S. 17:2354.3(B)(1) and (2) and R.S. 9:2797 are applicable to this Section.
